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DEi=D OF TRUST 2 010 0 3117
<br />(Con#inued) 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 Deed 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 for 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 yr 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 for substitution.
<br />NOTICES. Any notice required to be given under this Daed 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 Iaw-, 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 Dead of Trust. All
<br />copies of notices of foreclosure from the holder of any lien which has priority aver 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 />CONSENT TO SELL LOAN. The parties hereto agree: lal Lender may sell or transfer all yr part of this loan to one or more purchasers,
<br />whether related or unrelated to Lender; Ib1 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 Idl the purchaser of a loan 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 or controversy of any kind, whether in contract or in tort, legal or equitable, now existing or 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 Associatipn ("AAA"-, or 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 51,000,000.00 exclusive of claimed interest,
<br />arbitration fees and costs in which case the arbitration shall 6e 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 or refuses to submit to arbitration following 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 or
<br />ancillary remedy shall not constitute a waiver of the right of any party, including the plaintiff, to submit the controversy ar 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-Help and Foreclosure. The arbitration requirement does not limit the right of any party to (i)
<br />foreclose against real or personal property collateral; lii- exercise self-help remedies relating to collateral or proceeds of collateral such as
<br />setoff or repossession; or (iii) obtain provisional yr 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 li-, (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
<br />decided by a single arbitrator selected according tv the Rules, and who shall not render an award of greater than 55,000,000.00. Any
<br />Dispute in which the amount in controversy exceeds 55,000,000.00 shall ba decided by majority vote of a panel of three arbitrators;
<br />provided however, that all three arbitrators must actively participate in all hearings and deliberations. Every arbitrator must be a neutral
<br />practicing attorney or a retired member of the state or federal judiciary, in either case with a minimum of ten years experience in the
<br />substantive law applicable to the subject matter of the Dispute. The arbitrator will determine whether or not an issue is arbitratable and
<br />will give effect to the statutes of limitation in determining any claim. In any arbitration proceeding the arbitrator will decide (by documents
<br />only or with a hearing at the arbitrator's discretion) any pre-hearing motions which are similar to motions to dismiss for failure to state a
<br />claim yr motions for summary adjudication. The arbitrator shall resolve all Disputes in accordance with the applicable substantive law and
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