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200605846 deposit in the mail in the continental United States, postage prepaid, addressed to the party to receive such notice at the address set forth below, and if sent by overnight courier shall be deemed received on the day on which such notice is actually received by the party to whom it is addressed or the date delivery is refused, either as indicated in the records of such courier service. Notice of change of address shall be given by written notice in the manner set forth in this paragraph. Notice to Borrower shall be addressed to: Bag 'N Save, Inc. 4347 South 96th Street Omaha, Nebraska 68127 Notice to Lender shall be addressed to: First National Bank of Omaha One First National Center 1620 Dodge Street Omaha, Nebraska 68197 24. SUCCESSORS AND ASSIGNS BOUND; AGENTS. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of this Instrument. In exercising any rights hereunder or taking any actions provided for herein, Lender may act through its employees, agents or independent contractors as authorized by Lender. 25. GOVERNING LAW. This Instrument is made pursuant to and shall be construed and governed by the laws of the United States and the rules and regulations promulgated thereunder, and, to the extent the laws of a state are applicable (including laws regarding usury), by the laws of the State in which this Instrument is recorded and the rules and regulations promulgated thereunder. 26. RECONVEY ANCE OR RELEASE. The Trustee named in this Instrument or any successor Trustee thereunder, may charge such fees for each full or partial reconveyance or release of this Instrument as Trustees then customarily charge for such services, and as are authorized or not prohibited by applicable law. 27. SUBSTITUTION OF TRUSTEE. Lender may, from time to time, by instrument in writing substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument executed and acknowledged by Lender and recorded in the office of the recorder of the county or counties where such Real Property is situated shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee's predecessor, succeed to all the title, estate, rights, powers and duties as Trustee. Such instrument shall contain the name and address of the Successor Trustee. The procedure herein provided for substitution of Trustee shall not be exclusive of other provisions for substitution provided by law. 28. TRUSTEE. Except as required by law, Trustee is not obligated to notify any party hereto of pending sale under any other instrument or of any action or proceeding in which Borrower, Lender or Trustee shall be a party. 29. TIME OF ESSENCE. Time is of the essence for all of Borrower's obligations hereunder and under the Revolving Loan Agreement and other Loan Documents. 30. WAIVER OF STATUTE OF LIMITATIONS. To the extent permitted by law, Borrower waives all present or future statutes of limitation with respect to any debt, demand or obligation secured hereunder in any action or proceeding for the purpose of enforcing this Instrument or any rights or remedies hereunder. 19