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SEED OF TRUST
<br />Loan No- 8615807130 fContinuud) 20020527 0
<br />Page 7
<br />Successor Trustee. Lender, at Lende.,s option. may from time to time appoint a successor Trustee to any Trustee appointed under
<br />this 0aed at Trust by an iiistrunigm executed and acknowledged by Lender and recorded in the office of the recorder of Hall County,
<br />c
<br />,�iatc of Nebraska. Trio instrunien, shall contain, in addition to all other matters required by state law, the names of the original
<br />Ler'-der, Trustee, and Trustor, the book and page (or computer system rMerence) where this Deed of Trust is recorded, and the name
<br />and address n! the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed
<br />of 'Trust or their w ;nietest. The successor 11UST0,0', without conveyance of the Property, shall succeed to all the title,
<br />powu�r, and c1u,!,,s confL-red upon the Trustee in this Dead of T,;,,j y!,pliczqble law, This procedure for substitution of Trustee
<br />511,111 govern to the exclusion cf all ozheF Provisions for subsotut,un�.
<br />NOTICES. Any notice required to be given under This Deed of Trust, including without limitation any notice of default and any notice of
<br />S,110 shill be given n "voting, and shall bo effective when actually del'vci;ed, when actually received by teletacsimile (unless otherwise
<br />required try Jaw). deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as
<br />first cins,,, certififr,d or registered m,,til postage prap3id, directed to the addresses shown near the beginning of this Dead o• Tru*c, All
<br />Copies of notices of for".ciosure from Zhu, holder of any lien which has priority over this Dead of Trust shall be sent to Lender's address, as
<br />shown near the) ':eqlmning Or this Deed of Trust. Any party may chariga its address for notices under this Deed of Trust by g;,•inq formal
<br />written novice to the ether parties, st,,ec,fying that the purpose of the notica is to change th;i party's address. For notice purposes, Trustpr
<br />a(,,ri,os, to keep L.on,ler iiforrna�l ai all times of Trustor's current address. Unless otherwise provided or required by law, it there it, more
<br />.ha,r ono TrLi5*0r, any rlolict? given by Lender to any T'ustor is doomed to be notice given to a!l Trustors.
<br />FURTHER ASSURANCES. Thy.- p,wio5 hpr<ito agree to do all things deemed necessary by Lender in order to fully document the loan
<br />evl enccd by this Note: and any related iqmernents, and will fully cooperate concerning the execution and delivery of security agreements,
<br />stock pcwt:rs, instru tions and"o( other docurnerits pertaining to any collateral intended to secure the Indebtedness. The undersigned
<br />zi,woe to assist in the cured ct any dete.cts in the execution, delivery or substance of this Note and related agreements, and in the creation
<br />End perfoctioi7 of stauulrity 1niloros or other collateral Flights securing this Note.
<br />CONSENT TO SLLL LOAN. 111 C hereto agree: tat Lender may SLII or transfer all or part of this loan to one or more purcliasers,
<br />vI,ether relvzric; '-dr To V Lender may provide to any purchaser, or potential purchaser, any information of knowledge
<br />Lender may ha%k, twcui *,l-,e parties or ,about any other matter reiatriq to this loan obligation, and the p,3rtiQs waive any rights to privacy it
<br />may have wiTh F;srDetcj to such rnattors: (c) Trio purchaser of a loan will be considered its absolute owner and will have all the rights
<br />granted 'J,idE:r the !;Dan ca,rnclls cr n,.-,rLemer,-Ts governing Vic sala of the loan; and (d) the purchaser of a loan may enforce its interests
<br />of any claims or dt,,Iansps that vie. parties may have against Lender,
<br />ARBITRATION AGREEMENT, Binding Arbilr3zjon, Lender, Borrower, and every other party to this agreement hereby agree, upon demand
<br />by any party, to subunit any Dispute to binding arhi1r,1t7 on in accordance with the terms of this Arbitration Program. A "DiSPLIte* shall
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<br />include dispute, claim or controversy of any kind, whether in contract or in tort, legal or equitable, now existing or hereaftf!r arising,
<br />any related a,-
<br />relating iit ,:env to this Agreement or ireemprit incorporating this Arbitration Program (the 'Documents'), or any past,
<br />present, or tu.ruf mans, Transactions, contracts, agreements, relationships, incidents or injuries of any kind whatsoever relating to or
<br />involvinc Business Bankinc, Community Eanking, or any successor group or department of Bank. DISPUTES SUBMITTED TO
<br />ARBITRATION ARE NOT RESOLVED IN COURT BY A JUDGE OR JURY,
<br />Governing Rules. Any arbitration proceeding will 6) be governed by the Federal Arbitration Act (Title 9 of the United States Code),
<br />notwithstanding any conflicting choicc, of law provision in any of the documents between the parties; and (n) be conducted by The
<br />American Arbitration Association ;'•AAA'), or such other administrator as the parties shall mutually agree upon, in accordoncis with the
<br />AAA's commercial dispute resolution prozedures, unless the claim or counterclaim is at least $ 1,000,000.00 exclusive of claimed interest,
<br />arbitration fees End costs in which case the arbitration shall be condicted in accordance with the AAA's optional proceduTils for large,
<br />complex commercial disputes (the commercial d;sputo resolution procedures OF the optional procedures for large, compiax commercial
<br />d1S0UteS To be referred to, as applicable, as The "Rules*). If there is any inconsistency between the terms hereof and the Rules, the terms
<br />and procedures 5e-, forth herein shall control. Arbitration prof eedings hereunder shall be conducted at a location mutually agreeable to the
<br />parties, or if they cannot agree, then at a location selected by the AAA in the state of the applicable substantive law primarily governing
<br />the Credit. Any party who fails or refuses to submit to arbitration following a demand by any other party shall bear all costs and expenses
<br />incurred by such other party in compelling arbitration of any Dispute. Arbitration may be demanded at any Time, and mey be compelled by
<br />summary proceedings in Court. The institution and maintenance of an action for judicial relief or pursuit of a provisional or ancillary remedy
<br />shall not constitute a waiver of the right of any party, including the plaintiff, to submit The controversy or claim to arbitration if any other
<br />party contests Such action for judicial re flue. The arbitrator shall award all costs and expenses of the arbitration proceeding. Nothing
<br />contained herein sha;; be deemed to be a waiver by any party that is a bank of the protections afforded to it Linder 12 U.S.C. '91 or any
<br />similar applicable state ictw.
<br />No Waiver of Provisional Remedies, Self -Help and Foreclosure, The arbitration requirement does not !;mit the right of any party to fi)
<br />foreclose against real or personal prope.-ty collateral; (j1) exercise self-help remedies relating to collateral or proceeds of collateral such as
<br />setoff or repossession; or (iii) obtain provisional or ancillary remedies such as replevin, injunctive relief, attachment oar the appointment of a
<br />receiver, before during or after the pendency of any arbitration proceeding. This excilsion does not constitute a waiver of the right or
<br />obligation ui ony party to subriiit any Dispute to arbitration or reference hereunder, including those arising from the exercise of the actions
<br />detailed in sections (i), 60 and (60 of this paragraph.
<br />Arbitrator Qualifications and Powers. Any arbitration proceeding in which The amount in controversy is $5,000,()00.00 or less will be
<br />decided by a single arbitrator selected according to the Rules, and who shall not render an award of greater than $5,000,000.00. Any
<br />Dispute ;-) which the arnount in controversy exceeds $5.000,000.00 shall be decided by majority vote of - panel of three arbitrators;
<br />provided however, that aft three arbitrators must actively participate in all hearings and deliberations. Every ar.)itratcir must be a practicing
<br />attorney or a retired member of the state or federal judiciary, in either case with a minimum of ten years experience in the substantive law
<br />applicable to the subject matter of the Dispute. The arbitrator will determine whether or not an issue is arbitratable and will give effect to
<br />the statutes of limitation in determining any claim. In any arbitration proceeding the arbitrator will decide (by documents only or with a
<br />hearing at the arbitrator's discretion) any pre-hearing motions which are similar to motions to dismiss for failure to state a claim or motions
<br />for summary adjudication. The arbitrator shall resolve al: Disputes in accordance with the applicable substantive law and may grant any
<br />remedy or relief that a court of such State could order or grant within the scope hereof and such ancillary relief as is necessary to make
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