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20002922 <br />40. WAIVER OF JURY TRIAL. THE SUBSIDIARY HEREBY KNOWINGLY, <br />VOLUNTARILY AND INTELLIGENTLY WAIVES ANY AND ALL RIGHTS THAT EACH <br />PARTY TO THIS INSTRUMENT MAY NOW OR HEREAFTER HAVE UNDER THE LAWS <br />OF THE UNITED STATES OF AMERICA OR THE STATE OF NEBRASKA, TO A TRIAL <br />BY JURY ON ANY AND ALL ISSUES ARISING DIRECTLY OR INDIRECTLY IN ANY <br />ACTION OR PROCEEDING RELATING TO THIS INSTRUMENT, THE BENEFITED <br />CREDITOR DOCUMENTS OR ANY TRANSACTIONS CONTEMPLATED THEREBY OR <br />RELATED THERETO. IT IS INTENDED THAT THIS WAIVER SHALL APPLY TO ANY <br />AND ALL DEFENSES, RIGHTS, CLAIMS AND/OR COUNTERCLAIMS IN ANY SUCH <br />ACTION OR PROCEEDING. <br />SUBSIDIARY UNDERSTANDS THAT THIS WAIVER IS A WAIVER OF A <br />CONSTITUTIONAL SAFEGUARD, AND EACH PARTY INDIVIDUALLY BELIEVES <br />THAT THERE ARE SUFFICIENT ALTERNATE PROCEDURAL AND SUBSTANTIVE <br />SAFEGUARDS, INCLUDING, A TRIAL BY AN IMPARTIAL JUDGE, THAT <br />ADEQUATELY OFFSET THE WAIVER CONTAINED HEREIN. <br />41. BY EXECUTION OF THIS INSTRUMENT, SUBSIDIARY EXPRESSLY: <br />ACKNOWLEDGES THE RIGHT TO ACCELERATE THE INDEBTEDNESS EVIDENCED <br />BY THE BENEFITED CREDITOR DOCUMENTS AND THE POWER GIVEN HEREIN TO <br />MASTER COLLATERAL AGENT TO SELL THE PROPERTY BY NONJUDICIAL <br />FORECLOSURE UPON DEFAULT BY SUBSIDIARY WITHOUT ANY JUDICIAL <br />HEARING AND WITHOUT ANY NOTICE OTHER THAN SUCH NOTICE AS IS <br />SPECIFICALLY REQUIRED TO BE GIVEN UNDER THE BENEFITED CREDITOR <br />DOCUMENTS OR PROVISIONS OF THIS INSTRUMENT OR BY LAW; <br />ACKNOWLEDGES THAT THE UNDERSIGNED HAVE READ THIS INSTRUMENT AND <br />THAT ANY AND ALL QUESTIONS REGARDING THE LEGAL EFFECT OF THIS <br />INSTRUMENT AND ITS PROVISIONS HAVE BEEN EXPLAINED FULLY TO <br />SUBSIDIARY, AND SUBSIDIARY HAS CONSULTED WITH ITS COUNSEL PRIOR TO <br />EXECUTING THIS INSTRUMENT; AND ACKNOWLEDGES THAT ALL WAIVERS OF <br />THE AFORESAID RIGHTS OF SUBSIDIARY HAVE BEEN MADE KNOWINGLY, <br />INTENTIONALLY AND WILLINGLY BY THE UNDERSIGNED, ON BEHALF OF <br />SUBSIDIARY, AS PART OF A BARGAINED-FOR LOAN TRANSACTION AND THAT <br />THIS INSTRUMENT IS VALID AND ENFORCEABLE BY MASTER COLLATERAL <br />AGENT AGAINST SUBSIDIARY IN ACCORDANCE WITH ALL THE TERMS AND <br />CONDITIONS HEREOF. <br />[SIGNATURE PAGE FOLLOWS] <br />26 <br />(Grand Island, Hall County, Nebraska) <br />10476803.5 <br />14451-2246 <br />