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r 84 --- r~~o7is time for payment or otherwise modify amortization of the Indebtedness by reason of any demand made by the Trustor, Borrower or Trustor's successors in interest. 9. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shah not be a waiver of or preclude the exercise of any such right or reoedg: The- procurement of insurance or the payment of taxes or the discharge of liens or charges by Lender shall not be a waiver of Lender`s right to accelerate the maturity of the Indebtedness. 10. Remedies Cumulative. All remedies provided in this Trust Deed are distinct and cumulative to any other right or remedy under this Trust Deed or affor- ded by law or equity, and may be exercised concurrently, independently or succes- sively. Duties imposed upon Lender under this Trust Deed and under any other docu- ment evidencing indebtedness or other collateral security shall not be construed to be cumulative and shall be construed in the context of the purpose of the document and the nature of the particular collateral. In the event of inconsistency between such documents as to such duties, the terms of this Trust Deed shall control. li. Successors and Assigns Bound; Joint and Several Liability- Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Trustor, subject to the provfsions of paragraph 14(f) hereof. All covenants and agreements of Trustor shall be joint and several. The captions and headings of the paragraphs of this Trust Deed are for convenience only and are not to be used to interpret or define the provisions hereof. }2. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Trustor provided for in this Trust Deed shall be given by mailing such notice by certified mail addressed to Trustor at Route 1, P.O. Box 233, Grand island, Nebraska 68801 or a[ such other address as Trustor may designate by notice to Lander as provided herein, and (b) any notice to Lender shall be given by certified mail, return receipt requested, to Lender's address stated herein or to such other address as Lender may designate by notice to Trustor as provided herein. Any notice provided for in this Trust Deed shall be deemed to have bees given to Trustor or Lender when given in the manner designated herein. 13. Governing Law; Severability. This Trust Deed shall be governed by the laws of the State o£ Nebraska. In Che event that any grovisian or clause of this Trust Deed conflicts with applicable law, such conflict shall not affect other provi- sions of this Trust Deed which can be given effect without the conflicting provisions and to this end the provisions of this Trust Deed are declared to be severable. 14. Events of Default. Each of the following occurrences shall constitute an event o£ default hereunder (herein collet! "Event of Default"): (a) Borrower shall fail to pay when due any Indebtedness or Trustor shall fail to duly perform or observe any of the covenants or agreements contained in this Trust Deed, and such failure shall continue far ten calendar days (b) Any warranty of title made by Trustor in this Trust Deed shall be untrue or be breached (c) Any representation or warranty made by Borrower or Trustor in any financial statements or reports submitted to Lender by or on behalf of Borrower or Trustor shall prove false or materi- ally misleading (d) Borrower shall fail to pay any debt, liability or obligation owed by it to Lender or shall fail to perform or observe any obligation set forth in, or binding upon it under, any note, financing statement, security agreement, loan or credit agree- ment, letter of credit agreement, mortgage, ar other agreement between i,t and Leader, or any default or event of default shall occur under any such agreements