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200802659 shall hereafter be repealed or cease to be in force, such law shall not thereafter be deemed to preclude the application of this Section. Borrower hereby waives the right to assert any statute of limitations as a bar to the enforcement of the lien of this Deed of Trust or to any action brought to enforce the Note or any other obligation secured by this Deed of Trust. 3.8 Construction. This Deed of Trust shall be construed according to the laws of the State of Nebraska. 3.9 Nonwaiver. No waiver of any covenant or condition or the breach of any covenant or condition of this Deed of Trust shall be deemed to constitute a waiver of any subsequent breach of such covenant or condition, nor to justify or authorize the nonobservance on any other occasion of the same or of any other covenant or condition hereof, nor shall the acceptance of any payment by Secured Party at any time when Borrower is in default under any covenant or condition hereof be construed as a waiver of such default, nor shall any waiver or indulgence granted by Secured Party to Borrower be taken as an estoppel against Secured Party promptly to avail itself of such other rights or remedies as Secured Party may have or be construed as a waiver of such default, but Secured Party may at any time thereafter, if such default continues, exercise all its rights arising from such default in the manner provided in this Deed of Trust. 3.10 No Oral Change. This Deed of Trust, and any provisions hereof, may not be modified, waived, discharged or terminated except by an agreement in writing signed by the party against whom enforcement of any modification, waiver, discharge or termination is sought. 3.11 Ambiguities. Borrower and Secured Party acknowledge that each party and its counsel have participated fully in the review and revision of this Deed of Trust. Any rule of construction to the effect that ambiguities are to be resolved against the drafting pal1y shall not apply in interpreting this Deed of Trust. The language in this Deed of Trust shall be interpreted as to its fair meaning and not strictly for or against any party. 3.12 Time is of the Essence. Time is of the Essence with respect to the obligations contained in this Deed of Trust. 3.13 Intentionally Omitted. 3.] 4 Intentionally Omitted. ARTICLE 4 SECURITY AGREEMENT 4.1 Security Agreement. This Deed of Trust shall constitute a security agreement as defined in the State of Nebraska Uniform Commercial Code ("Code") in the Collateral. Borrower hereby grants to Secured Party a security interest in the Collateral described in Exhibit A-I. Any Collateral installed in or used in the Property are to be used by the Borrower solely' for Borrower's business purposes or as the equipment and fixtures leased or furnished by the 17 AM 1570AM57:667038: 5: LOUIS VILLE 3/20/08