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<br />200600614
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<br />6.4 Notices. All notices, requests and demands which Trustor or Beneficiary is required or may desire.
<br />to give to the other party must be in writing, delivered to Beneficiary at the following address:
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<br />Business Lending
<br />3033 Elder Street MAC# U1851-015
<br />Boise, 10 83705
<br />Attention: Collateral Department
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<br />and to Trustor at its address set forth at the signature lines below, or at such other address as either
<br />party shall designate by written notice to the other party in accordance with the provisions hereof.
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<br />6.5 Successors: Assignment. This Deed of Trust shall be binding upon and inure to the benefit of the
<br />heirs, executors, administrators, legal representatives, successors and assigns of the parties hereto;
<br />provided however, that this Section does not waive the provisions of Section 4.14 hereof. Beneficiary
<br />reserves the right to sell, assign, transfer, negotiate or grant participations in all or any part of, or any
<br />interest in, Beneficiary's rights and benefits under the Note, any and all other Secured Obligations and
<br />this Deed of Trust. In connection therewith, Beneficiary may disclose all documents and information
<br />which Beneficiary now has or hereafter acquires relating to the Subject Property, all or any of the
<br />Secured Obligations and/or Trustor and, as applicable, any partners, joint venturers or members of
<br />Trustor, whether furnished by any Trustor or otherwise.
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<br />6.6 Rules of Construction. (a) When appropriate based on the identity of the parties or other
<br />circumstances, the masculine gender includes the feminine or neuter or both, and the singular number
<br />includes the plural; (b) the term "Subject Property" means all and any part of or interest in the Subject
<br />Property; (c) all Section headings herein are for convenience of reference only, are not a part of this
<br />Deed of Trust, and shall be disregarded in the interpretation of any portion of this Deed of Trust; (d) if
<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.
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<br />6.7 Severability of Provisions. 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
<br />of Trust.
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<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.
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<br />6.9 Arbitration.
<br />a) Arbitration. The parties hereto agree, upon demand by any party, to submit to binding arbitration
<br />all 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
<br />of or relating to in any way (i) the loan and related loan and security documents which are the
<br />subject of this Deed of Trust and its negotiation, execution, collateralization, administration,
<br />repayment, modification, extension, substitution, formation, inducement, enforcement, default or
<br />termination; or (ii) requests for additional credit.
<br />b) Governin<;.l 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
<br />9 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
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