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DEED OF TRUST ~ ~ Q 9 Q S~ s
<br />(Continued) Page ~
<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.
<br />Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under
<br />this Peed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of Hall County,
<br />State of Nebraska. The instrument shall contain, in addition to all other matters required by state law, the names of the original
<br />Lender, Trustee, and Trustor, the book and page (or computer system reference) where this Deed of Trust is recorded, and the name
<br />and address of the successor trustee, and the instrument shall be executed and acknowledged by all the beneficiaries under this Deed
<br />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 far substitution.
<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 taw-, 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 peed 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 one Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors.
<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 Nate. Borrower further agrees to pay Lender
<br />immediately upon demand the full amount of all charges, casts and expenses Ito include fees paid to third parties) expended or incurred by
<br />Lender to monitor Lender's interest in any real property pledged as enllateral for this Note, including without limitation all costs of
<br />appraisals.
<br />CONSENT TO SELL LOAN. The parties hereto agree: la- Lender may sell or transfer all or part of this loan to one or more purchasers,
<br />whether related or unrelated to Lender; Ibl 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; Ic1 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 Id- the purchaser of a Inan may enforce its interests
<br />irrespective of any claims or defenses that the parties may have against Lender.
<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.
<br />ARBITRATION AGREEMENT. Arbitration -Binding Arbitration. Lender and each party to this agreement, hereby agree, upon demand by
<br />any party, to submit any Dispute to binding arbitration in accordance with the terms of this Arbitration Program. A "Dispute" shall include
<br />any dispute, claim ar controversy of any kind, whether in contract or in tort, legal or equitable, now existing nr hereafter arising, relating in
<br />any way to any aspect of this agreement, or any related agreement incorporating this Arbitration Program (the "Documents"1, or any
<br />renewal, extension, modification or refinancing of any indebtedness or obligation relating thereto, including without limitation, their
<br />negotiation, execution, collateralization, administration, repayment, modification, extension, substitution, formation, inducement,
<br />enforcement, default or termination. DISPUTES SUBMITTED TO ARBITRATION ARE NOT RESOLVED IN COURT BY A JUDGE OR JURY.
<br />A. Governing Rules. Any arbitration proceeding will lit be governed by the Federal Arbitration Act (Title 9 of the United States Code1,
<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"-, ar 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 S1,000,000.00 exclusive of claimed interest,
<br />arbitration tees 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"1. 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 ar refuses to submit to arbitration fallowing 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 ar
<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.
<br />B. No Waiver of Provisional Remedies, Self-Welp and Foreclosure. The arbitration requirement does not limit the right of any party to Ii)
<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 (iii) 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
<br />obligation of any party to submit any Dispute to arbitration or reference hereunder, including those arising from the exercise of the actions
<br />detailed in sections (i-, (ii) and (iii) of this paragraph,
<br />C. Arbitrator Qualifications and Powers. Any arbitration proceeding in which the amount in controversy is 55,000,000.00 or less will be
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