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201002922
<br />assignment, hypothecation or pledge of any of or transfer, assignment, hypothecation or pledge
<br />of any of the ownership interests in Subsidiary (including any change in or transfer, assignment,
<br />hypothecation or pledge of any of or transfer, assignment, hypothecation or pledge of any of the
<br />ownership interests of any legal entities which comprise or control Subsidiary), except transfers
<br />and changes in ownership by devise or descent, shall be considered a change of title.
<br />16. NOTICE. Except for any notice required under applicable law to be given in
<br />another manner, any and all notices, elections, demands, ar requests permitted or required to be
<br />made under this Instrument or under the Benefited Creditor Documents shall be in writing,
<br />signed by the party giving such notice, election, demand or request, and shall be delivered
<br />personally, by facsimile, or sent by registered, certified, or Express United States mail or Canada
<br />Priority Post, postage prepaid, or by Federal Express, DHL or similar service requiring a receipt,
<br />to the other party at the address stated above, or to such other party and at such other address
<br />within the United States of America ar Canada as any party may designate in writing as provided
<br />herein. The date of receipt of such notice, election, demand or request shall be the earliest of
<br />(i) the date of actual receipt, (ii) three (3) days after the date of mailing by registered or certified
<br />mail, (iii) one (1) day after the date of mailing by Express Mail or Canada Priority Post or the
<br />delivery (for redelivery) to Federal Express, DHL or another similar service requiring a receipt,
<br />or (iv) the date of personal delivery (or refusal upon presentation for delivery).
<br />Subsidiary, for itself and for each party hereto, hereby requests a copy of any notice of
<br />default and a copy of any notice of sale hereunder be mailed to them at the applicable addresses
<br />provided above.
<br />17. SUCCESSORS AND ASSIGNS BOUND; JOINT AND SEVERAL LIABILITY;
<br />AGENTS; CAPTIONS. The covenants and agreements herein contained shall bind, and the
<br />rights hereunder shall inure to, the respective heirs, successors and assigns of Master Collateral
<br />Agent and Subsidiary, subject to the provisions of Section 15 hereof. If Subsidiary is comprised
<br />of more than one person or entity, whether as individuals, partners, partnerships ar corporations,
<br />each such person or entity shall be jointly and severally liable for Subsidiary's obligations
<br />hereunder. In exercising any rights hereunder or taking any actions provided for herein, Master
<br />Collateral Agent may act through its employees, agents or independent contractors as authorized
<br />by Master Collateral Agent. The captions and headings of the sections of this Instrument are for
<br />convenience only and are not to be used to interpret or define the provisions hereof.
<br />18. WAIVER OF STATUTE OF LIMITATIONS. To the extent permitted by
<br />applicable law, Subsidiary hereby waives the right to assert any statute of limitations as a bar to
<br />the enforcement of the lien of this Instrument or to any action brought to enforce any of the
<br />Benefited Creditor Documents or any other obligation secured by this Instrument.
<br />19. WAIVER OF MARSHALLING. Notwithstanding the existence of any other
<br />security interests in the Property held by Master Collateral Agent ar by any other party, Master
<br />Collateral Agent shall have the right to determine the order in which any or all of the Property
<br />shall be subjected to the remedies provided herein. Master Collateral Agent shall have the right
<br />to determine the order in which any or all portions of the Indebtedness secured hereby are
<br />satisfied from the proceeds realized upon the exercise of the remedies provided herein.
<br />12
<br />(Grand Island, Hall County, Nebraska)
<br />10476803.5
<br />14451-2246
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