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200408871 One First National Center 1620 Dodge Street Omaha, Nebraska 68197 24. SUCCESSORS AND ASSIGNS BOUND; AGENTS. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of this Instrument. In exercising any rights hereunder or taking any actions provided for herein, Lender may act through its employees, agents or independent contractors as authorized by Lender. 25. GOVERNING LAW. The loan contract between the parties, including this Instrument, the Note and any other obligation which this Instrument secures, is made pursuant to and shall be construed and governed by the laws of the United States and the rules and regulations promulgated thereunder, and, to the extent the laws of a state are applicable (including laws regarding usury), by the laws of the State in which this Instrument is recorded and the rules and regulations promulgated thereunder. 26. RECONVEYANCE OR RELEASE. The Trustee named in this Instrument securing the Note, or any successor Trustee thereunder, may charge such fees for each full or partial reconveyance or release of this Instrument as Trustees then customarily charge for such services, and as are authorized or not prohibited by applicable law. 27. SUBSTITUTION OF TRUSTEE. Lender may, from time to time, by instrument in writing substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument executed and acknowledged by Lender and recorded in the office of the recorder of the county or counties where such Property is situated shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee's predecessor, succeed to all the title, estate, rights, powers and duties as Trustee. Such instrument shall contain the name and address of the Successor Trustee. The procedure herein provided for substitution of Trustee shall not be exclusive of other provisions for substitution provided by law. 28. TRUSTEE. Except as required by law, Trustee is not obligated to notify any party hereto of pending sale under any other instrument or of any action or proceeding in which Borrower, Lender or Trustee shall be a party. 29. TIME OF ESSENCE. Time is of the essence for all of Borrower's obligations hereunder and the Loan Documents. 30. WAIVER OF STATUTE OF LIMITATIONS. To the extent permitted by law, Borrower waives all present or future statutes of limitation with respect to any debt, demand or obligation secured hereunder in any action or proceeding for the purpose of enforcing this Instrument or any rights or remedies hereunder. 31. INJURY TO PROPERTY. All causes of action of Borrower, whether accrued before or after the date of this Instrument for damages or injury to the Property or any part thereof, or in connection with or affecting the Property or any part thereof, including causes of action arising in tort or contract and causes of action for fraud or concealment of a material fact, are, at Lender's option, assigned to Lender, and the proceeds thereof shall be paid to Lender who, after deducting therefrom all of its expenses, including reasonable attorneys' fees, may apply such proceeds to the sums secured by this Instrument or to any deficiency under this Instrument or may release any monies so received by it or any part thereof as Lender may elect. Lender may, at its option, appear in and prosecute in its own name any action or proceeding to enforce any such cause of action and may make any compromise or settlement thereof. Borrower agrees to execute any further assignments and other instruments as from time to time may be necessary to effectuate the foregoing provisions and as Lender shall request. 32. OFFSETS. No indebtedness secured by this Instrument shall be deemed to have been offset or compensated by all or part of any claim, cause of action, counterclaim or part of any claim, cause of action, counterclaim or crossclaim, whether liquidated or unliquidated, which Borrower now or hereafter may have or may claim to have against Lender. 156698 -1 -16-