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200210366 <br />Beneficiary, Trustee and Truster. The captions and headings of the paragraphs of this Deed of Trust are <br />for convenience only and are not to be used to interpret or define the provisions hereof. <br />21 Notice. Except for any notice required under applicable law to be given in another <br />manner, all notices or other communications which are required or permitted herein shall be in writing <br />and sufficient if delivered personally, sent by prepaid air courier, or sent by registered or certified mail, <br />postage prepaid, return receipt requested, addressed to Truster at its mailing address set forth above or at <br />such other address as Truster may designate by notice to Beneficiary as provided herein, and addressed <br />to Beneficiary at its mailing address set forth above or at such other address as Beneficiary may <br />designate by notice to Truster as provided herein. Any such communication shall be deemed to have <br />been given when delivered if delivered personally, on the business day after dispatch if sent by air <br />cornier, or on the third business day after posting if sent by mail. <br />23. Governing Law; Severability. This Deed of Trust shall be governed by the laws of the <br />State of Nebraska. In the event any provision or clause of this Deed of Trust conflicts with applicable <br />law, such conflict shall not affect other provisions of this Deed of Trust which can be given effect <br />without the conflicting provisions and to this end the provisions of this Deed of Tmst are declared to be <br />severable. <br />24. Hazardous or Toxic Substances. Trustor represents and warrants to, and covenants with, <br />Beneficiary and Trustee as follows: <br />(a) For purposes of this paragraph 25, the following terms are hereby defined <br />(i) "Clean Up" shall mean the removal and/or remediation of Contamination in <br />accordance with Environmental Laws in good commercial practice. <br />(ii) "Contaminants" shall mean all substances and compounds of the type, quantity or <br />condition prohibited or reportable under any Environmental Law, including <br />without limitation, materials containing asbestos or urea formaldehyde, <br />explosives, gasoline and petroleum products, and radioactive materials. <br />(iii) "Contamination' shall mean the presence of, disposal, discharge or release on, <br />from or to the Trust Property of Contaminants and the storage or disposal of <br />Contaminants which violates Environmental Laws. <br />(iv) "Environmental Laws" shall mean any and all federal, state, county or municipal <br />laws, whether now in force or as amended or enacted in the future, pertaining to <br />health or the environment, including without limitation, the Comprehensive <br />Environmental Response, Compensation and Liability Act of 1980, the Resource <br />Conservation and Recovery Act of 1976, and the Superfund Amendment mid <br />Reauthorization Act of 1987. <br />(v) "Regulatory Actions" shall mean any claim, action or proceeding brought or <br />instigated by any governmental authority in connection with any Environmental <br />Law. <br />_7_ <br />