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201005524 As to the Beneficiary: CoBank, ACB 5500 S. Quebec Street Greenwood Villa e, CO 80111 Attention: A ribusiness Bankin Grou Fax No: 303-740-4002 Either such party may from time to time designate to each other a new address to which demands, notices, reports, approvals, designations or directions may be addressed, and from and after any such designation, the address designated shall be deemed to be the address of such party in lieu of the address given above. Section $.OS. Severability. The invalidity of any one or more phrases, clauses, sentences, paragraphs or provisions of this Deed of Trust shall not affect the remaining portions hereof.. Section B.OG. 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 $.U7. Jury Trial Waiver. GRANTOR ACKNOWLEDGES THAT THE RIGI1"1' 1"0 '1"R1AL BY JURY TS A CONSTITUTIONAL ONE, BUT THAT iT MAY BF; WAIVED AN17 THAT THE TIME AND EXPENSE REQUIRED FOR TRIAL BY A JiJRY MAY EXCEED THE TIME AND EXPENSE REQUIRED FOR TRIAL WITHOUT A JURY. GRANTOR, AFTER CONSULTING (OK HAVING IIAD THE OPPORTUNITY TO CONSULT) WT'I'Ii COUNSEL OF GRANTOR'S CHOICE., KNOWINGLY AND VOLUNTARILY, AND FOR THE MUTUAL BENEFIT OF BENEFICIARY AND GRANTOR, WAIVES ANY RIGHT TO TRIAL BY JURY IN 1'HE EVENT OF IaITIGATION REGARDING Tl•IE PERFORMANCE OR ENFORCEMENT OF, OR IN ANY WAY RELATED TO, THIS DEED OF TRUST, ANY RELATED AGREEMENTS, OR OBLIGATIONS TIiEREUNDER. GRAN"I'OK IIAS READ ALL OF THIS DEED OF TRUST AND UNDERSTANDS ALL OF THE PROVISIONS OF TI.1TS DEED OF TRUST. THE GRANTOR ALSO AGREES THAT COMPLIANCE: BY BENEFICIARY WITH THE EXPRESS PROVISIONS OF THIS DEED OP TRUST SHALL CONSTITUTE GOOD FAI'1'Ii AND SHALL BE CONSIT7ERED REASONABLE FOR ALL PURPOSES. Section 8.08. Indemnification. GRANTOR SHALL PROTEC'T', INDk~;MNII~ Y AND SAVF. I~IARMLESS BENEFICIARY FROM AND AGAINST ALL LIABILITIES, OBLIGATIONS, CLAIMS, DAMAGES, PENALTIES, CAUSES OP ACTION, AND REASONABLE OUT-OF-POCKET COSTS AND EXPENSES (INCLUDING WITHOU'T' LIMITATION REASONABLE ATTORNEYS' FEES ANll EXPENSES) IMPOSED UPON OR INCURRED BY OR ASSERZ'F,U AGAINST I3ENF,FICIARY 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., 22