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20o9o~3io hereof. Section 8.06. Governing Law. The effect and meaning of this Deed of Trust, and the rights of all parties hereunder, shall be governed by, and construed according to, the laws of the State of Nebraska, except to the extent governed by federal law. Section 8.07. Jury Trial Waiver. GRANTOR ACKNOWLEDGES THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL ONE, BUT THAT IT MAY BE WAIVED AND THAT THE TIME AND EXPENSE REQUIRED FOR TRIAL BY A JURY MAY EXCEED THE TIME AND EXPENSE REQUIRED FOR TRIAL WITHOUT A JURY. GRANTOR, AFTER CONSULTING (OR HAVING HAD THE OPPORTUNITY TO CONSULT) WITH COUNSEL OF GRANTOR'S CHOICE, KNOWINGLY AND VOLUNTARILY, AND FOR THE MUTUAL BENEFIT OF BENEFICIARY AND GRANTOR, WAIVES ANY RIGHT TQ TRIAL BY JURY 1N THE EVENT OF LITIGATION REGARDING THE PERFORMANCE OR ENFORCEMENT QF, OR IN ANY WAY RELATED TO, THIS DEED OF TRUST, ANY RELATED AGREEMENTS, OR OBLIGATIONS THEREUNDER. GRANTOR HAS READ ALL OF THIS DEED OF TRUST AND UNDERSTANDS ALL OF THE PROVISIONS OF THIS DEED OF TRUST. THE GRANTOR ALSO AGREES THAT COMPLIANCE BY BENEFICIARY WITH THE EXPRESS PROVISIONS OF THIS DEED OF TRUST SHALL CONSTITUTE GOOD .FAITH AND SHALL BE CONSIDERED REASONABLE FOR ALL PURPOSES. Section 8.08. Indemnification. GRANTOR SHALL PROTECT, INDEMNIFY AND SAVE HARMLESS BENEFICIARY FROM AND AGAINST ALL LIABILITIES, OBLIGATIONS, CLAIMS, DAMAGES, PENALTIES, CAUSES OF ACTION, AND REASONABLE OUT-OF-POCKET COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES AND EXPENSES) IMFOSED UPON OR INCURRED BY OR ASSERTED AGAINST BENEFICIARY BY REASON OF (A) FRAUD OR MATERIAL MISREPRESENTATION BY OR ON BEHALF OF THE GRANTOR IN CONNECTION WITH THIS DEED OF TRUST OR THE CREDIT AGREEMENTS; (B) ANY FAILURE ON THE PART OF GRANTOR TO PERFORM OR COMPLY WITH ANY OF THE TERMS OF THIS DEED OF TRUST OR THE CREDIT AGREEMENTS; (C) OWNERSHIP OF THE TRUST ESTATE OR ANY INTEREST THEREIN OR RECEIPT OF ANY RENTS; (D) ANY ACCIDENT, INJURY TO OR DEATH OF PERSONS OR LOSS OF OR DAMAGE TO PROPERTY OCCURRING IN, ON OR ABOUT THE TRUST ESTATE, OR ANY PART THEREOF, OR ON THE ADJOINING SIDEWALKS, CURBS, ADJACENT PARKING AREAS, STREETS OR WAYS; (E) ANY USE, NONUSE OR CONDITION IN, ON OR ABOUT THE TRUST ESTATE OR ANY PART THEREOF, OR ON THE ADJOINING SIDEWALKS, CURBS, ADJACENT PARKING AREAS, STREETS OR WAYS; OR (F) PERFORMANCE OF ANY LABOR OR SERVICES OR THF, FURNISHING OF ANY MATERIALS OR OTHER PROPERTY IN RESPECT OF THE TRUST ESTATE OR ANY PART THEREOF, WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY THE NEGLIGENT ACTS OR OMISSIONS OF THE BENEFICIARY OR INDIVIDUALS OR ENTITIES ACTING AS THE AGENTS OR EMPLOYEES OF BENEFICIARY. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY SET FORTH IN THIS PARAGRAPH, SUCH INDEMNITY SHALL NOT APPLY WITH RESPECT TO 2]