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~~ --t~oo7az 9. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of taxes or the discharge of liens or charges by Leader shall not be a waiver of. Lender's right to accelerate the maturity of the Indebtedness. I0. 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 docwaent 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. I1. Successors anal 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 provisions of paragraph I4(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. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Truster provided for in this Trust Deed shall he given by mailing such notice by certified mail addressed to Trustor at Route I, P.O. Box 223, Grand Island, Nebraska 688Q1 or at such other address as Trustor map designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail, ~Gtura receipt requested, to Lender's address stn*_ed 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 been given to Trustor or Lender when given in the manner designated herein. I3. Governing Law; Severability. This Trust Deed shall be governed by the laws of the State of Nebraska. ?n the event that any provision or clause of this ']'rust 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. E_v_ents of Default, Each of the following occurrences shall constitute an event of default hereunder (herein called "Event of Default"): (a} Borrower shall fail to pay when due any Indebtedness or Trustor shalt fail to duly perform or observe any of the covenants or agreements contained in this Trust Deed, and such failure shall continue ter ten calendar days (b) Any warranty of title made by Trustor in this Trust Deed shall be untrue or be breached (e) 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, cr binding upon it under, any note, financing statement, securrty agreement, loan or credit agree- ment, letter of credit agreement, mortgage, or other agreement between it and Leader, or any default or event of default shall occur under any such agreements (e) Filr.ng, as to Bnrrcwer or Trustor, of a petition, voluntarily or involuntarily, for relief under the Bankruptcy {;ode, i1