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200209946
<br />DEED OF TRUST
<br />(Continued) Page 7
<br />actions with respect to the Property upon the written request of Lender and Truster: (a) join in preparing and filing a map or plat of
<br />the Real Property, including the dedication of streets or other rights to the public; Ibl join in granting any easement or creating any
<br />restriction on the Real Property; and (cl join in any subordination or other agreement affecting this Dead of Trust or the interest of
<br />Lender under this Deed of Trust.
<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set
<br />forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender
<br />shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable
<br />law.
<br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of Hall County,
<br />State of Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the original
<br />Lender, Trustee, and Truster, the book and page for computer system reference) where this Deed of Trust is recorded, and the name
<br />and address of the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed
<br />of Trust or their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title,
<br />power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee
<br />shall govern to the exclusion of all other provisions for substitution.
<br />NOTICES. Any notice required to be given under this Dead of Trust including without limitation any notice of default and any notice of
<br />sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise
<br />required by law), when deposited with a nationally recognized overnight courier, or, If mailed, when deposited in the United States mail, a
<br />first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All
<br />copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as
<br />shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal
<br />written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Truster
<br />agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required by law, if there Is more
<br />than one Truster, any notice given by Lender to any Truster is deemed to be notice given to all Trusters.
<br />FURTHER ASSURANCES. The parties hereto agree to do all things deemed necessary by Lender in order to fully document the loan
<br />evidenced by this Note and any related agreements, and will fully cooperate concerning the execution and delivery of security agreements,
<br />stock powers, instructions and/or other documents pertaining to any collateral intended to secure the Indebtedness. The undersigned
<br />agree to assist in the cure of any detects in the execution, delivery or substance of the Note and related agreements, and in the creation
<br />and perfection of any liens, security interests or other collateral rights securing the Note.
<br />CONSENT TO SELL LOAN. The parties hereto agree: (a) Lender may sell or transfer all or part of this loan to one or more purchasers,
<br />whether related or unrelated to Lender; IN Lender may provide to any purchaser, or potential purchaser, any information or knowledge
<br />Lender may have about the parties or about any other matter relating to this loan obligation, and the parties waive any rights to privacy It
<br />may have with respect to such matters; (c) the purchaser of a loan will be considered its absolute owner and will have all the rights
<br />granted under the loan documents or agreements governing the sale of the loan; and (it) the purchaser of a loan may enforce its interests
<br />irrespective of any claims or defenses that the parties may have against Lender.
<br />ARBITRATION AGREEMENT. Binding Arbitration. Lender and each party, to this agreement hereby agree, upon demand by any party, to
<br />submit any Dispute to binding arbitration In accordance with the terms of this Arbitration Program. A "Dispute" shall Include any dispute,
<br />claim or controversy of any kind, whether in contract or in tort, legal or equitable, now existing or hereafter arising, relating in any way to
<br />this Agreement or any related agreement incorporating this Arbitration Program (the "Documents "), or any past, present, or future loans,
<br />transactions, contracts, agreements, relationships, incidents or injuries of any kind whatsoever relating to or involving Business Banking,
<br />Community Banking, or any successor group or department of Lender. DISPUTES SUBMITTED TO ARBITRATION ARE NOT RESOLVED IN
<br />COURT BY A JUDGE OR JURY.
<br />Governing Rules. Any arbitration proceeding will (il be governed by the Federal Arbitration Act (Title 9 of the United States Code),
<br />notwithstanding any conflicting choice of law provision in any of the documents between the parties; and (iii be conducted by the
<br />American Arbitration Association ( "AAA "1, or such other administrator as the parties shall mutually agree upon, in accordance with the
<br />AAA's commercial dispute resolution procedures, unless the claim or counterclaim is at least $1,000,000.00 exclusive of claimed interest,
<br />arbitration fees and costs in which case the arbitration shall be conducted in accordance with the AAA's optional procedures for large,
<br />complex commercial disputes (the commercial dispute resolution procedures or the optional procedures for large, complex reemanial
<br />disputes to be referred to, as applicable, as the "Rules "). If there is any inconsistency between the terms hereof and the Rules, the terms
<br />and procedures set forth herein shall control. Arbitration proceedings hereunder shall be conducted at a location mutually agreeable to the
<br />parties, or if they cannot agree, then at a location selected by the AAA in the state of the applicable substantive law primarily governing
<br />the Credit, Any party who tails or refuses to submit to arbitration following a demand by any other party shall bear all costs and expenses
<br />incurred by such other party in compelling arbitration of any Dispute. Arbitration may be demanded at any time, and may be compelled by
<br />summary proceedings in Court. The institution and maintenance of an action for judicial relief or pursuit of a provisional or ancillary remedy
<br />shall not constitute a waiver of the right of any party, including the plaintiff, to submit the controversy or claim to arbitration if any other
<br />party contests such action for judicial relief. The arbitrator shall award all costs and expenses of the arbitration proceeding. Nothing
<br />contained herein shall be deemed to be a waiver by any party that is a bank of the protections afforded to it under 12 U.S.C. °91 or any
<br />similar applicable state law.
<br />No Waiver of Provisional Remedies, Self -Help and Foreclosure. The arbitration requirement does not limit the right of any party to in
<br />foreclose against real or personal property collateral; (ii) exercise self -help remedies relating to collateral or proceeds of collateral such as
<br />setoff or repossession; or )iii) obtain provisional or ancillary remedies such as replevin, injunctive relief, attachment or the appointment of a
<br />receiver, before during or after the pendency of any arbitration proceeding. This exclusion does not constitute a waiver of the right or
<br />obligation of any party to submit any Dispute to arbitration or reference hereunder, including those arising from the exercise of the actions
<br />detailed in sections (i), )ill and (all of this paragraph.
<br />Arbitrator Qualifications and Powers. Any arbitration proceeding in which the amount In controversy is $5,000,000.00 or less will be
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