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<br />more than one person or entity has executed this Deed of Trust as "Trustor," the obligations of all such
<br />Trustors hereunder shall be joint and several; and (e) all terms of Exhibit A, and each other exhibit
<br />and /or rider attached hereto and recorded herewith, are hereby incorporated into this Deed of Trust by
<br />this reference.
<br />6.7 If any provision of this Deed of Trust shall be held to be prohibited by or
<br />invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or
<br />invalidity without invalidating the remainder of such provision or any remaining provisions of this Deed of
<br />Trust.
<br />6.8 Governing Law, This Deed of Trust shall be governed by and construed in accordance with the
<br />laws of the State of Nebraska.
<br />6.9 Arbitration.
<br />a) Arbitration. The parties hereto agree, upon demand by any party, to submit to binding arbitration all
<br />claims, disputes and controversies between or among them (and their respective employees,
<br />officers, directors, attorneys, and other agents), whether in tort, contract or otherwise arising out of
<br />or relating to in any way (i) the loan and related loan and security documents which are the subject
<br />of this Deed of Trust and its negotiation, execution, collateralization, administration, repayment,
<br />modification, extension, substitution, formation, inducement, enforcement, default or termination; or
<br />(ii) requests for additional credit.
<br />b) Governing Rules Any arbitration proceeding will (i) proceed in a location in Nebraska selected by
<br />the American Arbitration Association ( "AAA'); (ii) be governed by the Federal Arbitration Act (Title 9
<br />of the United States Code), notwithstanding any conflicting choice of law provision in any of the
<br />documents between the parties; and (iii) be conducted by the AAA, or such other administrator as
<br />the parties shall mutually agree upon, in accordance with the AAA's commercial dispute resolution
<br />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
<br />AAA's optional procedures for large, complex commercial disputes (the commercial dispute
<br />resolution procedures or the optional procedures for large, complex commercial disputes to be
<br />referred to, as applicable, as the "Rules "). If there is any inconsistency between the terms hereof
<br />and the Rules, the terms and procedures set forth herein shall control. Any party who fails or
<br />refuses to submit to arbitration following a demand by any other party shall bear all costs and
<br />expenses incurred by such other party in compelling arbitration of any dispute. Nothing contained
<br />herein shall be deemed to be a waiver by any party that is a bank of the protections afforded to it
<br />under 12 U.S.C. Section 91 or any similar applicable state law.
<br />c) No Waiver of Provisional Remedies. Self -Help aad Foreclosure. The arbitration requirement does
<br />not limit the right of any party to (i) foreclose against real or personal property collateral; (ii) exercise
<br />self -help remedies relating to collateral or proceeds of collateral such as setoff or repossession; or
<br />(iii) obtain provisional or ancillary remedies such as replevin, injunctive relief, attachment or the
<br />appointment of a receiver, before during or after the pendency of any arbitration proceeding. This
<br />exclusion does not constitute a waiver of the right or obligation of any party to submit any dispute to
<br />arbitration or reference hereunder, including those arising from the exercise of the actions detailed
<br />in sections (i), (ii) and (iii) of this paragraph.
<br />d) Arb'l[atgr Qualification,5 and Powers, Any arbitration proceeding in which the amount in
<br />controversy is $5,000,000.00 or less will be decided by a single arbitrator selected according to the
<br />Rules, and who shall not render an award of greater than $5,000,000.00. Any dispute in which the
<br />amount in controversy exceeds $5,000,000.00 shall be decided by majority vote of a panel of three
<br />arbitrators; provided however, that all three arbitrators must actively participate in all hearings and
<br />deliberations. The arbitrator will be a neutral attorney licensed in the State of Nebraska or a neutral
<br />retired judge of the state or federal judiciary of Nebraska, in either case with a minimum of ten
<br />years experience in the substantive law applicable to the subject matter of the dispute to be
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