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<br />25. CROSS - DEFAULT. Any default by any Borrower under the Note, this Instrument or
<br />the other Loan Documents, on any other Mortgage, or other instruments securing any note, or on any
<br />other loan documents related thereto, or on any agreement or obligation of any Borrower to Lender, shall
<br />constitute a breach hereunder, and Lender shall have the right to declare all sums secured by this
<br />Instrument to be immediately due and payable and to pursue all remedies available as provided in this
<br />Instrument.
<br />25. SUCCESSORS AND ASSIGNS BOUND; AGENTS. The covenants and agreements
<br />herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns
<br />of Lender and Trustor, subject to the provisions of this Instrument. In exercising any rights hereunder or
<br />taking any actions provided for herein, Lender may act through its employees, agents or independent
<br />contractors as authorized by Lender.
<br />26. GOVERNING LAW. The loan contract between the parties, including this Instrument,
<br />the Note and any other obligation which this Instrument secures, is made pursuant to and shall be
<br />construed and governed by the laws of the United States and the rules and regulations promulgated
<br />thereunder, and, to the extent the laws of a state are applicable (including laws regarding usury), by the
<br />laws of the State of Nebraska and the rules and regulations promulgated thereunder.
<br />27. RECONVEYANCE OR RELEASE. The Trustee named in this Instrument securing
<br />the Note, or any successor Trustee thereunder, may charge such fees for each full or partial reconveyance
<br />or release of this Instrument as Trustees then customarily charge for such services.
<br />28. SUBSTITUTION OF TRUSTEE. Lender may, from time to time, by instrument in
<br />writing substitute a successor or successors to any Trustee named herein or acting hereunder, which
<br />instrument executed and acknowledged by Lender and recorded in the office of the recorder of the county
<br />or counties where such Property is situated shall be conclusive proof of proper substitution of such
<br />successor Trustee or Trustees, who shall, without conveyances from the Trustee's predecessor, succeed to
<br />all the title, estate, rights, powers and duties. Such instrument shall contain the name and address of the
<br />new Trustee. The procedure herein provided for substitution of Trustees shall not be exclusive of other
<br />provisions for substitution provided by law.
<br />29. TRUSTEE. Except as required by law, Trustee is not obligated to notify any party
<br />hereto of pending sale under any other instrument or of any action or proceeding in which Trustor, Lender
<br />or Trustee shall be a party.
<br />30. TIME OF ESSENCE. Time is of the essence for all of Trustor's obligations hereunder
<br />and the Loan Documents.
<br />31. MISREPRESENTATION OR NONDISCLOSURE. Borrowers made certain written
<br />representations and disclosures in order to induce Lender to make the loan evidenced by the Note which
<br />this Instrument secures and, in the event that any Borrower has made any material misrepresentations or
<br />failed to disclose any material fact, Lender, at its option and without prior notice, shall have the right to
<br />declare the indebtedness secured by this Instrument, irrespective of the maturity date specified in the
<br />Note, immediately due and payable. The Trustee, upon presentation to it of an affidavit signed by Lender
<br />setting forth facts showing a default by Trustor or any other Borrower under this paragraph (if such
<br />affidavit is required by applicable law), is authorized to accept as true and conclusive all facts and
<br />statements therein, and to act thereon hereunder.
<br />32. WAIVER OF MARSHALLING. Notwithstanding the existence of any other security
<br />interests in the Property held by Lender or by any other party, Lender shall have the right to determine the
<br />order in which any or all of the Property shall be subjected to the remedies provided herein. Lender shall
<br />have the right to determine the order in which any or all portions of the indebtedness secured hereby are
<br />satisfied from the proceeds realized upon the exercise of the remedies provided herein. Trustor, any party
<br />who consents to this Instrument and any party who now or hereafter acquires a security interest in the
<br />Property and who has actual or constructive notice hereof, hereby waives any and all right to require the
<br />marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law
<br />or provided herein.
<br />33. REQUEST FOR NOTICES. Trustor requests that copies of any notice of default and
<br />notice of sale hereunder be sent to Trustor at Trustor's address stated above.
<br />34. GENERAL PROVISIONS.
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<br />a. This Instrument applies to, inures to the benefit of, and binds all parties hereto,
<br />their heirs, legatees, devisees, administrators, executors, successors, and assigns.
<br />b. The term "Lender" shall mean the owner and holder (including a pledgee) of the
<br />Note secured hereby, whether or not named as Lender herein.
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