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200412422 <br />If to Lender: U.S. Bank National Association <br />1015 St. Germain St. W. <br />St. Cloud, MN 56301 <br />Telecopy No. (320) 259 -8362 <br />Either party may change its address for notices by a notice given not less than five (5) Business Days <br />prior to the effective date of the change. <br />5.4 Applicable Law. This Mortgage shall be construed and enforceable in accordance <br />with, and be governed by, the laws of the State of Nebraska, and the other Loan Documents shall be <br />construed and enforceable in accordance with, and be governed by, the laws of the State of Minnesota. <br />Whenever possible, each provision of this Mortgage and any other statement, instrument or transaction <br />contemplated hereby or relating hereto, shall be interpreted in such manner as to be effective and valid <br />under such applicable law, but, if any provision of this Mortgage or any other statement, instrument or <br />transaction contemplated hereby or relating hereto shall be held to be prohibited or invalid under such <br />applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, <br />without invalidating the remainder of such provision or the remaining provisions of this Mortgage or any <br />other statement, instrument or transaction contemplated hereby or relating hereto. <br />5.5 Waiver of Jury Trial. Mortgagor and Lender each irrevocably waives any and all right <br />to trial by jury in any legal proceeding arising out of or relating to this Mortgage or any of the other <br />Loan Documents or the transactions contemplated hereby or thereby. <br />5.6 Effect. This Mortgage is in addition and not in substitution for any other guarantees, <br />covenants, obligations or other rights now or hereafter held by Lender from any other person or entity <br />in connection with the Obligations. <br />5.7 Assi nay. Lender shall have the right to assign this Mortgage, in whole or in part, or <br />sell participation interests herein, to any person obtaining an interest in the Obligations. <br />5.8 Headings. Headings of the Sections of this Mortgage are inserted for convenience only <br />and shall not be deemed to constitute a part hereof. <br />5.9 Fixture Filing. This instrument shall be deemed to be a Fixture Filing within the meaning <br />of the Nebraska Uniform Commercial Code, and for such purpose, the following information is given: <br />December 22. 2004 <br />F:\Data\21590 \Murtgage008.wpd 16 <br />