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<br />
<br />DEED OF TRUST
<br />(Continued)
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<br />200810076
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<br />Page 7
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<br />actions with respect to the Property upon the written request of Lender and Trustor: (a) join in preparing and filing a map or plat of
<br />the Real Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any
<br />restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of
<br />Lender under this Deed of Trust,
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<br />Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set
<br />forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender
<br />shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable
<br />law.
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<br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under
<br />this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of Hamilton/Hall
<br />County, State of Nebraska, The instrument shall contain, in addition to all other matters required by state law, the names of the
<br />original Lender, Trustee, and Trustor, the book and page (or computer system reference) where this Deed of Trust is recorded, and the
<br />name and address of the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this
<br />Deed of Trust or their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title,
<br />power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law, This procedure for substitution of Trustee
<br />shall govern to the exclusion of all other provisions for substitution.
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<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 />sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise
<br />required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as
<br />first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All
<br />copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as
<br />shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal
<br />written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Trustor
<br />agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required by law, if there is more
<br />than cine Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors.
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<br />FURTHER ASSURANCES. The parties hereto agree to do all things deemed necessary by Lender in order to fully document the loan
<br />evidenced by this Note and any related agreements, and will fully cooperate concerning the execution and delivery of security agreements,
<br />stock powers, instructions and/or other documents pertaining to any collateral intended to secure the Indebtedness. The undersigned
<br />agree to assist in the cure of any defects in the execution, delivery or substance of the Note and related agreements, and in the creation
<br />and perfection of any liens, security interests or other collateral rights securing the Note,
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<br />CONSENT TO SELL LOAN. The parties hereto agree: (a) Lender may sell or transfer all or part of this loan to one or more purchasers,
<br />whether related or unrelated to Lender; (b) Lender may provide to any purchaser, or potential purchaser, any information or knowledge
<br />Lender may have about the parties or about any other matter relating to this loan obligation, and the parties waive any rights to privacy it
<br />may have with respect to such matters; (c) the purchaser of a loan will be considered its absolute owner and will have all the rights
<br />granted under the loan documents or agreements governing the sale of the loan; and (d) the purchaser of a loan may enforce its interests
<br />irrespective of any claims or defenses that the parties may have against Lender.
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<br />FACSIMILE AND COUNTERPART. This document may be signed in any number of separate copies, each of which shall be effective as an
<br />original, but all of which taken together shall constitute a single document. An electronic transmission or other facsimile of this document
<br />or any related document shall be deemed an original and shall be admissible as evidence of the document and the signer's execution.
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<br />ARBITRATION AGREEMENT. Arbitration - Binding Arbitration. Lender and each party to this agreement hereby agree, upon demand by any
<br />party, to submit any Dispute to binding arbitration in accordance with the terms of this Arbitration Program. A "Dispute" shall include any
<br />dispute, claim or controversy of any kind, whether in contract or in tort, legal or equitable, now existing or hereafter arising, relating in any
<br />way to any aspect of this agreement, or any related agreement incorporating this Arbitration Program (the "Documents"), or any renewal,
<br />extension, modification or refinancing of any indebtedness or obligation relating thereto, including without limitation, their negotiation,
<br />execution, collateralization, administration, repayment, modification, extension, substitution, formation, inducement, enforcement, default
<br />or termination. DISPUTES SUBMITTED TO ARBITRATION ARE NOT RESOLVED IN COURT BY A JUDGE OR JURY,
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<br />A. Governing Rules. Any arbitration proceeding will (i) be governed by the Federal Arbitration Act (Title 9 of the United States Code),
<br />notwithstanding any conflicting choice of law provision in any of the documents between the parties; and (ii) be conducted by the
<br />American Arbitration Association ("AAA"), or such other administrator as the parties shall mutually agree upon, in accordance with the
<br />AAA's commercial dispute resolution procedures, unless the claim or counterclaim is at least $1,000,000.00 exclusive of claimed interest,
<br />arbitration fees and costs in which case the arbitration shall be conducted in accordance with the AAA's optional procedures for large,
<br />complex commercial disputes (the commercial dispute resolution procedures or the optional procedures for large, complex commercial
<br />disputes to be referred to herein, as applicable, as the "Rules"). If there is any inconsistency between the terms hereof and the Rules, the
<br />terms and procedures set forth herein shall control. Arbitration proceedings hereunder shall be conducted at a location mutually agreeable
<br />to the parties, or if they cannot agree, then at a location selected by the AAA in the state of the applicable substantive law primarily
<br />governing the Note. Any party who fails 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. Arbitration may be demanded at any time, and may be
<br />compelled by summary proceedings in Court. The institution and maintenance of an action for judicial relief or pursuit of a provisional or
<br />ancillary remedy shall not constitute a waiver of the right of any party, including the plaintiff, to submit the controversy or claim to
<br />arbitration if any other party contests such action for judicial relief. The arbitrator shall award all costs and expenses of the arbitration
<br />proceeding. Nothing contained herein shall be deemed to be a waiver by any party that is a bank of the protections afforded to it under 12
<br />U.S.C, Section 91 or any similar applicable state law.
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<br />B. No Waiver of Provisional Remedies, Self~Help and Foreclosure, The arbitration requirement does not limit the right of any party to (i)
<br />foreclose against real or personal property collateral; (ii) exercise self-help remedies relating to collateral or proceeds of collateral such as
<br />setoff or repossession; or (jii) obtain provisional or ancillary remedies such as replevin, injunctive relief, attachment or the appointment of a
<br />receiver, before during or after the pendency of any arbitration proceeding. This exclusion does not constitute a waiver of the right or
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