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200395579
<br />the Financing Documents include all amendments, supplements, consolidations,
<br />replacements, restatements, extensions, renewals and other modifications thereof,
<br />in whole or in part, (b) singular words include the plural and plural words include
<br />the singular; (c) words which include a number of constituent parts, things or
<br />elements, including the terms Leases, Improvements, Land, Secured Obligations
<br />and Trust Property, shall be construed as referring separately to each constituent
<br />part, thing or element thereof, as well as to all of such constituent parts, things or
<br />elements as a whole; (d) words importing any gender include the other gender;
<br />(e) references to any Person include such Person's successors and assigns and in
<br />the case of an individual, the word "successors" includes such Person's heirs,
<br />devisees, legatees, executors, administrators and personal representatives; (f)
<br />references to any statute or other law include all applicable rules, regulations and
<br />orders adopted or made thereunder and all statutes or other laws amending,
<br />consolidating or replacing the statute or law referred to; (g) the words "consent ",
<br />"approve" and "agree ", and derivations thereof or words of similar import, mean
<br />the prior written consent, approval or agreement of the Person in question; (h) the
<br />words "include" and "including ", and words of similar import, shall be deemed to
<br />be followed by the words "without limitation "; (i) the words "hereto ", "herein ",
<br />"hereof' and "hereunder ", and words of similar import, refer to this Deed of Trust
<br />in its entirety; 0) references to Articles, Sections, Schedules, Exhibits,
<br />subsections, paragraphs and clauses are to the Articles, Sections, Schedules,
<br />Exhibits, subsections, paragraphs and clauses of this Deed of Trust; (k) the
<br />Schedules and Exhibits to this Deed of Trust are incorporated herein by reference;
<br />(1) the titles and headings of Articles, Sections, Schedules, Exhibits, subsections,
<br />paragraphs and clauses are inserted as a matter of convenience only and shall not
<br />affect the construction of this Deed of Trust; (m) all obligations of the Grantor
<br />hereunder shall be satisfied by the Grantor at the Grantor's sole cost and expense;
<br />and (n) all rights and powers granted to the Beneficiary hereunder shall be
<br />deemed to be coupled with an interest and be irrevocable.
<br />Section 1.03. Resolution Of Drafting Ambiguities. The Grantor
<br />acknowledges that it was represented by counsel in connection with this Deed of
<br />Trust, that it and its counsel reviewed and participated in the preparation and
<br />negotiation of this Deed of Trust and that any rule of construction to the effect
<br />that ambiguities are to be resolved against the drafting party or Beneficiary shall
<br />not be employed in the interpretation of this Deed of Trust.
<br />ARTICLE 2
<br />CERTAIN WARRANTIES AND COVENANTS OF THE GRANTOR
<br />Section 2.01. Title And Further Assurances. (a) The Grantor hereby
<br />represents and warrants to the Beneficiary, the Trustee and to the purchaser at any
<br />foreclosure sale that:
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<br />(N1) 04675/ 120 /REAUNEBRASKA/form.dot.NE.doc
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