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<br />200803089 <br /> <br />invalidity without invalidating the remainder of such provision or any remaining provisions of this Deed of <br />Trust. <br /> <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. <br /> <br />6.9 Arbitration. <br /> <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 of <br />or relating to in any way (i) the loan and related loan and security documents which are the subject <br />of this Deed of Trust and its negotiation, execution, collateralization, administration, repayment, <br />modification, extension, substitution, formation, inducement, enforcement, default or termination; or <br />(ii) requests for additional credit. <br /> <br />b) GoverninQ 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 (Hi) 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 <br />interest, arbitration fees and costs in which case the arbitration shall be conducted in accordance <br />with the AAA's optional procedures for large, complex commercial disputes (the commercial <br />dispute resolution procedures or the optional procedures for large, complex commercial disputes to <br />be referred to. as applicable, as the "Rules"). If there is any inconsistency between the terms <br />hereof and the Rules, the terms and procedures set forth herein shall control. Any party who fails <br />or refuses to submit to arbitration following a demand by any other party shall bear all costs and <br />expenses incurred by such other party in compelling arbitration of any dispute. Nothing contained <br />herein shall be deemed to be a waiver by any party that is a bank of the protections afforded to it <br />under 12 U.S.C. ~91 or any similar applicable state law. <br /> <br />c) No Waiver of Provisional Remedies. Self-Help and Foreclosure. The arbitration requirement does <br />not limit the right of any party to (i) foreclose against real or personal property collateral; (H) <br />exercise self-help remedies relating to collateral or proceeds of collateral such as setoff or <br />repossession; or (iii) obtain provisional or ancillary remedies such as replevin, injunctive relief, <br />attachment or the appointment of a receiver, before during or after the pendency of any arbitration <br />proceeding. This exclusion does not constitute a waiver of the right or obligation of any party to <br />submit any dispute to arbitration or reference hereunder, including those arising from the exercise <br />of the actions detailed in sections 0), (ii) and (iii) of this paragraph. <br /> <br />d) Arbitrator Qualifications and Powers. Any arbitration proceeding in which the amount in <br />controversy is $5,000,000.00 or less will be decided by a single arbitrator selected according to the <br />Rules, and who shall not render an award of greater than $5,000,000.00. Any dispute in which the <br />amount in controversy exceeds $5,000,000.00 shall be decided by majority vote of a panel of three <br />arbitrators; provided however, that all three arbitrators must actively participate in all hearings and <br />deliberations. The arbitrator will be a neutral attorney licensed in the State of Nebraska or a <br />neutral retired judge of the state or federal judiciary of Nebraska, in either case with a minimum of <br />ten years experience in the substantive law applicable to the subject matter of the dispute to be <br />arbitrated. The arbitrator will determine whether or not an issue is arbitratable and will give effect <br />to the statutes of limitation in determining any claim. In any arbitration proceeding the arbitrator <br />will decide (by documents only or with a hearing at the arbitrator's discretion) any pre-hearing <br />