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15 200314370 impairing or affecting the lien of this Deed of Trust or the priority of such lien over any subordinate lien or deed of trust. 28. Governing Law, etc. This Deed of Trust shall be governed by and construed and interpreted in accordance with the laws of the State of Nebraska, except that Grantor expressly acknowledges that by their respective terms the Loan Documents shall be governed and construed in accordance with the laws of the State of New York, and for purposes of consistency, Grantor agrees that in any in personam proceeding related to this Deed of Trust the rights of the parties to this Deed of Trust shall also be governed by and construed in accordance with the laws of the State of New York governing contracts made and to be performed in that State. 29. Certain Definitions. Unless the context clearly indicates a contrary intent or unless otherwise specifically provided herein, words used in this Deed of Trust shall be used interchangeably in singular or plural form and the word "Grantor" shall mean "each Grantor or any subsequent owner or owners of the Trust Property or any part thereof or interest therein," the word "Beneficiary" shall mean "Beneficiary or any successor agent for the Lenders," the word "person" shall include any individual, corporation, partnership, limited liability company, trust, unincorporated association, government, governmental authority, or other entity, and the words "Trust Property" shall include any portion of the Trust Property or interest therein. Whenever the context may require, any pronouns used herein shall include the corresponding masculine, feminine or neuter forms, and the singular form of nouns and pronouns shall include the plural and vice versa. The captions in this Deed of Trust are for convenience or reference only and in no way limit or amplify the provisions hereof. 30. Last Dollars Secured, Priority. This Deed of Trust secures only a portion of the indebtedness owing or which may become owing by Grantor to the Secured Parties. The parties agree that any payments or repayments of such indebtedness shall be and be deemed to be applied first to the portion of the indebtedness that is not secured hereby, it being the parties' intent that the portion of the indebtedness last remaining unpaid shall be secured hereby. If at any time this Deed of Trust shall secure less than all of the principal amount of the Obligations, it is expressly agreed that any repayments of the principal amount of the Obligations shall not reduce the amount of the lien of this Deed of Trust until the lien amount shall equal the principal amount of the Obligations outstanding. 31. Release (a) At such time as the Obligations shall have been paid in full, the Commitments have been terminated and no Letters of Credit shall be outstanding, the Trust Property shall be released from the Liens created hereby, and this Deed of Trust and all obligations (other than those expressly stated to survive such termination) of Beneficiary, Trustee and Grantor hereunder shall terminate, all without delivery of any instrument or performance of any act by any party, and all rights to the Trust Property shall revert to Grantor. At the request and sole expense of Grantor following any such termination or release, the Administrative Agent shall deliver to such Grantor any Trust Property held by the Trustee for the benefit of the Beneficiary hereunder, and execute and deliver to Grantor such documents as Grantor shall reasonably request to evidence such termination. 053114 -1025- 08505- NY01.2330405.1