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II NUNINI00N000 0000 002I�N�NNIN�� 00000000000000236 DEED OF TRUST 200306470 (Continued) rage e arbitration proceeding within 180 days of the filing 0f the Dispute with the AAA. The resolution of any Dispute shall be determined by a separate arbitration proceeding and such Dispute shall not be consolidated with other disputes or included in any class proceeding. No arbitrator or other party to an arbitration proceeding may disclose the existence, content or results thereof, except for disclosure. of information by a party required in the ordinary course of Its business or by applicable law or regulation. If more than one agreement for arbitration by or between the parties potentially applies to a Dispute, the arbitration provision most directly related to the documents between the parties or the subject matter of the Dispute shall control. This arbitration provision shall survive termination, amendment or expiration of any of the documents or any relationship between the parties. FACSIMILE AND COUNTERPART. This document may be signed in any number of separate copies, each of which shall be effective as an original, but all of which taken together shall constitute a single document. An electronic transmission or other facsimile of this document or any related document shall be deemed an original and shall be admissible as evidence of the document and the signer's execution. COMPLIANCE DEFAULT. The Compliance Default subparagraph under Events of Default is hereby deleted In its entirety. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth In this Deed of Trust No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Trustor's residence, Truster shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Truster's previous fiscal year in such form and detail as Lender shall require. 'Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender In any capacity, without the written consent of Lender. Governing Law. This Deed of Trust will be governed by, construed and enforced in accordance with federal law and the Jews of the State of Nebraska. This Deed of Trust has been accepted by Lender in the State of Nebraska. Joint and Several Liability. All obligations of Borrower and Truster under this Deed of Trust shall be joint and several, and all references to Truster shall mean each and every Truster, and all references to Borrower shall mean each and every Borrower. This means that each Borrower and Truster signing below Is responsible for all obligations in this Dead of Trust. Where any one or more of the parties Is a corporation, partnership, limited liability company or similar entity, it is not necessary for Lender to inquire into the powers of any of the officers, directors, partners, members, or other agents acting or purporting to act on the entity's behalf, and any obligations made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Deed of Trust. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver Is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Dead of Trust shall not prejudice or constitute a waiver of Lender 'a right otherwise to demand strict compliance with that provision or any other provision of this Dead of Trust No prior waiver by Lender, nor any course of dealing between Lender and Truster, shall constitute a waiver of any of Lender's rights or of any of Trustor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Seasonality. If a court of competent jurisdiction finds any provision of this Dead of Trust to be illegal, Invalid, or unenforceable as to any circumstance. that finding shall not make the offending provision Illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or uoenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this Dead of Trust. Successors and Assigns. Subject to any limitations stated In this Deed of Trust on transfer of Trustor's interest, this Deed of Trust shall be binding upon and more to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Trustor. Lender, without notice to Truster, may deal with Trustor's successors with reference to this Dead of Trust and the Indebtedness by way of forbearance or extension without releasing Truster from the obligations of this Dead of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Nebraska as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following capitalised words and terms shall have the following meanings when used in this Dead of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts In lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words