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200901437 any conflict between the terms and provisions of Section 3.9 of this Deed of Trust and the Security A!,'Teement, the terms and provisions of the Security Agreement shall control; in the event of a conflict between any other term or provision of this Deed of Trust and the Credit Agreement, the terms and provisions of ~he Credit Agreement shall control. 5.14 No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Deed of Trust. In the event an ambiguity or question of intent or interpretation arises, this Deed of Trust shall be construed as if drafted jointly by the parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of this Deed of Trust. 5.15 Reconveyance. If and when Trustor has paid all of the Secured Indebtedness and has strictly performed and observed all of the agreements, terms, conditions, provisions and warranties contained herein and in the Credit Agreement and in all of the Loan Documents and there exist no commitments of the Lenders under the Loan Documents which could give rise to Secured Indebtedness, Beneficiary will deliver to Trustee a written request for reconveyance, and will surrender to Trustee for cancellation this Deed of Trust; however, Beneficiary will have no obligation to deliver the written request until Beneficiary and the Lenders have been paid by Trustor, in immediately available funds, all escrow, closing, and recording costs, the costs of preparing and issuing the reconveyance, and any trustee's or reconveyance fees. Upon Trustee's receipt of the written request by Beneficiary and any other required documents, Trustee will reconvey, without warranty, the Property or that portion then held. To the extent permitted by law, the reconveyance may describe the grantee as the person or persons legally entitled and the recitals of any matters or facts in any reconveyance will be conclusive proof of the truthfulness of them. Neither Beneficiary nor Trustee will have any duty to determine the rights of persons claiming to be rightful grantees of any reconveyance. When the Property has been fully reconveyed, the last reconveyance will operate as a reassignment of all future Rents of the Property to the person legally entitled. 5.16 Compliance with Applicable Law. Anything elsewhere herein contained to the contrary notwithstanding, (a) In the event that any provision in this Deed of Trust shall be inconsistent with any provision of Nebraska law regarding foreclosure (the "Nebraska Foreclosure Law"), the provisions of the Nebraska Foreclosure Law shall take precedence over the provisions of this Deed of Trust, but shall not invalidate or render unenforceable any other provision of this Deed of Trust that can be construed in a manner consistent with Nebraska Foreclosure Law; and (b) If any provision of this Deed of Trust shall grant to Beneficiary (including Beneficiary acting as a mortgagee-in-possession) or a receiver appointed pursuant to the provisions of this Deed of Trust, any rights or remedies prior to, upon or following the occurrence of an Event of Default which are more limited than the rights that would otherwise be vested in Beneficiary or such receiver under the Nebraska Foreclosure Law in the absence of said provision, Beneficiary and such receiver shall be vested with the rights granted under the Nebraska Foreclosure Law to the full extent permitted by law. - 18 -