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<br />200700035 <br /> <br />Section 9.5 <br /> <br />No Warranty bv Lender or Trustee. <br /> <br />By inspecting the Property or by accepting or approving anything required to be observed, <br />performed or fulfilled by Grantor or to be given to Lender or Trustee pursuant to this Deed of Trust or any <br />of the other Loan Documents, Lender and Trustee shall not be deemed to have warranted or represented <br />the condition, sufficiency, legality, effectiveness or legal effect of the same, and such acceptance or <br />approval shall not constitute any warranty or representation with respect thereto by Lender or Trustee. <br /> <br />Section 9.6 Amendments. <br /> <br />This Deed of Trust may not be modified or amended except by an agreement in writing, signed <br />by the parties. <br /> <br />Section 9.7 <br /> <br />Severabilitv. <br /> <br />In the event anyone or more of the provisions of this Deed of Trust or any of the other Loan <br />Documents shall for any reason be held to be invalid, illegal or unenforceable, in whole or in part or in <br />any other respect, or in the event anyone or more of the provisions of the Loan Documents operates or <br />would prospectively operate to invalidate this Deed of Trust or any of the other Loan Documents, then <br />and in either of those events, at the option of Lender, such provision or provisions only shall be deemed <br />null and void and shall not affect the validity of the remaining Obligations, and the remaining provisions <br />of the Loan Documents shall remain operative and in full force and effect and shall in no way be affected, <br />prej udiced or disturbed thereby. <br /> <br />Section 9.8 Notices. <br /> <br />All Notices required or which any party desires to give hereunder or under any other Loan <br />Document shall be in writing and, unless otherwise specifically provided in such other Loan Document, <br />shall be deemed sufficiently given or furnished if delivered by personal delivery, by nationally recognized <br />overnight courier service or by certified United States mail, postage prepaid, addressed to the party to <br />whom directed at the applicable address specified in the Preamble to this Deed of Trust (unless changed <br />by similar notice in writing given by the particular party whose address is to be changed) or by facsimile. <br />Any Notice shall be deemed to have been given either at the time of personal delivery or, in the case of <br />courier or mail, as of the date of first attempted delivery at the address and in the manner provided herein, <br />or, in the case of facsimile, upon receipt; provided that service of a Notice required by any applicable <br />statute shall be considered complete when the requirements of that statute are met. Notwithstanding the <br />foregoing, no notice of change of address shall be effective except upon actual receipt. This Section shall <br />not be construed in any way to affect or impair any waiver of notice or demand provided in this Deed of <br />Trust or in any other Loan Document or to require giving of notice or demand to or upon any Person in <br />any situation or for any reason. <br /> <br />Section 9.9 <br /> <br />Joint and Several Liability. <br /> <br />If Grantor consists of two (2) or more Persons, the term "Grantor" shall also refer to all Persons <br />signing this Deed of Trust as Grantor, and to each of them, and all of them are jointly and severally <br />bound, obligated and liable hereunder. Trustee or Lender may release, compromise, modify or settle with <br />any of Grantor, in whole or in part, without impairing, lessening or affecting the obligations and liabilities <br />of the others of Grantor hereunder or under the Loan Agreement. Any of the acts mentioned aforesaid <br />may be done without the approval or consent of, or notice to, any of Grantor. <br /> <br />Section 9.10 Rules of Construction. <br /> <br />The words "hereof," "herein," "hereunder," "hereto," and other words of similar import refer to <br />this Deed of Trust in its entirety. The terms "agree" and "agreements" mean and include "covenant" and <br />"covenants." The words "include" and "including" shall be interpreted as if followed by the words <br />"without limitation." The headings of this Deed of Trust are for convenience of reference only and shall <br />not be considered a part hereof and are not in any way intended to define, limit or enlarge the terms <br /> <br />Hall County, Nebraska <br />Error! Unknown document property name. <br /> <br />19 <br />