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r <br />84 -- 4')00721 <br />10. Remedies Cumulative. All remedies provided in this Trust Deed are <br />distinct and cumulative to any other right or remedy under this Trust Deed or affor- <br />ded by law or equity, and may be exercised concurrently, independently or succes- <br />sively. Duties imposed upon Lender under this Trust Deed and under any other docu- <br />ment evidencing indebtedness or other collateral security shall not be construed to <br />be cumulative and shall be construed in the context of the purpose of the document <br />and the nature of the particular collateral. In the event of inconsistency between <br />such documents as to such duties, the terms of this Trust Deed shall control. <br />11. Successors and Assigns Bound; Joint and Several Liability; Captions. <br />The covenants and agreements herein contained shall bind, and the rights hereunder <br />shall inure to, the respective successors and assigns of Lender and Trustor, subject <br />to the provisions of paragraph 14(f) hereof. All covenants and agreements of Trustor <br />shall be joint and several. The captions and headings of the paragraphs of this <br />Trust Deed are for convenience only and are not to be used to interpret or define the <br />provisions hereof. <br />12. Notice. Except for any notice required under applicable law to be <br />given in another manner, (a) any notice to Trustor provided for in this Trust Deed <br />shall be given by mailing such notice by certified mail addressed to Trustor at Route <br />1, P.O. Box 223, Grand Island, Nebraska 68801 or at such other address as Trustor may <br />designate by notice to Lender as provided herein, and (b) any notice to Lender shall <br />be given by certified mail, return receipt requested, to Lender's address stated <br />herein or to such other address as Lender may designate by notice to Trustor as <br />provided herein. Any notice provided for in this Trust Deed shall be deemed to have <br />been given to Trustor or Lender when given in the manner designated herein. <br />13. Governing Law; Severability. This Trust Deed shall be governed by the <br />laws of the State of Nebraska. In the event that any provision or clause of this <br />Trust Deed conflicts with applicable law, such conflict shall not affect other provi- <br />sions of this Trust Deed which can be given effect without the conflicting provisions <br />and to this end the provisions of this Trust Deed are declared to be severable. <br />14. Events of Default. Each of the following occurrences shall constitute <br />an event of default hereunder (herein called "Event of Default "); <br />(a) Borrower shall fail to pay when due any Indebtedness or Trustor <br />shall fail to duly perform or observe any of the covenants or <br />agreements contained in this Trust Deed, and such failure shall <br />continue for ten calendar days <br />(b) Any warranty of title made by Trustor in this Trust Deed shall <br />be untrue or be breached <br />(c) Any representation or warranty made by Borrower or Trustor in <br />any financial statements or reports submitted to Lender by or <br />on behalf of Borrower or Trustor shall prove false or materi- <br />ally misleading <br />(d) Borrower shall fail to pay any debt, liability or obligation <br />owed by it to Lender or shall fail to perform or observe any <br />obligation set forth in, or binding upon it under, any note, <br />financing statement, security agreement, loan or credit agree- <br />ment, letter of credit agreement, mortgage, or other agreement <br />between it and Lender, or any default or event of default shall <br />occur under any such agreements <br />(e) Filing, as to Borrower or Trustor, of a petition, voluntarily <br />or involuntarily, for relief under the Bankruptcy Code, 11 <br />U.S.C. Sections 101 through 151326, or under any other federal <br />or state law relating to or providing for the composition, <br />discharge or adjustment of rights or debts; or the appointment, <br />or the application for appointment, of a custodian, receiver or <br />trustee for Borrower or Trustor or for any property of Borrower <br />or Trustor; or an assignment by Borrower or Trustor for the <br />benefit of creditors; or any adjudication by any state or <br />