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201005525 As to the Beneficiary: CoBank, ACB 5500 S. uebec Street Greenwood Villa e, CO 80111 Attention: A ribusiness Rankin 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 B.OS. Severability. "1"he invalidity of any one or more phrases, clauses, sentences, paragraphs or provisions of this Deed of Trust shall not affect the remaining pardons hereof. Section 8.06. 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 8.07. Jury Trial Waiver. GRANTOR ACKNOWLEDGES THA'I' THE RIGHT TO `1"R1AL BY JURY. IS A CONSTITUTIONAh ONE, BUT TIIA'T IT MAY Bl WAIVED AND '1`1-1A1' THE TIME AND EXPENSE REQiJIRE to FOR TRIAL BY A JURY MAY EXCEED THE TIME AND EXPENSE RF,QUTRED FOR TRIAL WITHOUT A JURY. GRANTOR, AFTER CONSULTING (OR ITAVINC'r HAD THE OPPORTUNITY TO CONSULT) WITH COUNSEL OF GRAN"TOR'S CHOICE, KNOWINGLY AND VOLIJN"1'ARILY, AND FOR THE MUTIJAL BENEFIT OF BENEFICIARY AND GRANTOR, WAIVES ANY RIGHT TO TRIAI, BY JURY IN THE EVENT DF LITIGATION RF,GARDING TIME PERFORMANCE OR ENFORCEMENT OF, UR ]N ANY WAY RELATED TU, THIS DEED OF TRIJST, ANY RELATED AGREEMENTS, OR OBLIGATIONS THEREUNDER. GRANTOR HAS READ ALL OF T'HTS DEED OF 'TRUST AND UNIaERSTANDS ALL OF THE PROVISIONS OF THIS DEED OF 'TRUST. THE GRANTOR ALSO AGREES 'THAT COMPLIANCE BY BENEFICIARY WITH THE, EXPRESS PROVISIONS OF THIS DEF;I) OF TRUST SI-TALL CONS'T'ITUTE GOOD kAITH AND SHALL BE CONSIDERED REASONABLE FOR ALL PURPOSF,S. Section 8.08. Indemnification. GRANTOR SHALL PROTEC'T', INDEMNIFY AND SAVE HARMLESS BENEFICIARY FROM AND AGAINST AI~I, LIABILITIES, OBLIGATIONS, CLAIMS, DAMAGES, PENALTIES, CAUSES OF ACTION, AND REASONABLE. OUT-OF-POCKET COSTS AND EXPENSES (INCLiJDING WITHOUT LIMITA`T'ION REASONABLE ATTORNEYS' FEES AND EXPENSES) IMPOSED UPON OR INCURRED BY OR ASSERTED AGAINST BENEFICIARY BY REASON OF (A) FRAUD OR MATERIAL MISREPRESENTATION BY OR ON BEHALF OF THE GRANTOR IN CONNECTION WITH THIS DF,ED OF TRUST OR THE CREDIT AGREEMENTS; (B) ANY FAILURE ON THE PART OF GRAN'COR TU PERFORM OR COMPLY WITH ANY OF THE 22