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201005559 As to the Beneficiary: CoBank, ACB 5500.5. uebec 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 ar 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 8.05. 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 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. GRAN'l~'OR ACKNOWLEDGES TI~IAT "1'I~IE IZTGHT TO "TRIAL BY JtJRY IS A CONSTITUTIONAL ONE, BtJT THAT IT MAY BE WAIVED AND THAT THE TIME AND h;XPh;NSE REQUIRED FOR TRIAL BY A JURY MAY 1~;XCI;F D 'I'H.E 1'1ME AND EXPENSE REQUIRED FOR TRIAL WITHOUT A JURY. GRANTOR, AFTER CONSULTING (UR HAVING HAD THE OPPORTUNITY TO CONSULT) WITH COUNSEL, OF GRANTOR'S CTIOICE, KNOWINGLY AND VOLiJNTARILY, AND FOR THE MUTUAL BENEFIT OF BENEFICIARY AND GRANTOR, WAIVES ANY RIGHT TU TRIAI, BY JURY .IN THE EVENT OF LITIGATION REGARDING THE PERFORMANCE OR ENFORCEMENT OF, OR IN ANY WAY RELATED . TO, THIS DEED OF TRUST, ANY REI~ATF.D AGRF.,EMEN"I'S, OR OBLIGATIONS THEREUNDER. GRANTOR HAS READ ALL OF THIS DEED OF TRUS"I' ANT) UNDE.RS'1'ANDS ALL OF THE PROVISIONS OF THIS DEED OF TRUST. THE GRANTOR ALSO AGREES THAT COMPLIANCE BY BENEFICIARY WITH THE EXPRESS PItOVTSIONS OF `T'HIS DEED OF TRUS1" SHALL CONSTITUTE GOOD FAITH AND SHALL BE CONSIDERED REASONABLE FOR ALL PURPOSES. Section 8.08. Indemnification. GRAN"I'OR SHALL PROTECT, INDEMNIFY AND SAVE HARMI,F,SS BENEFICIARY FROM AND AGAINST ALL LIABILITIES, OBLIGATIONS; CLAIMS, DAMAGES, PENALTIES, CAUSES OF ACTION, AND REASONABLE OUT-OF-POCKET COSTS AND EXFENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES AND EXPENSES) IMPOSED UPON UR 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 DEED OF TRUST OR THE CREDIT AGREEMENTS; (B) ANY FATLUItE ON `T'HE PAR"T OF GRANTOR TO PERFORM UR GOMPLY WITH ANY OF 'T`I IF, z2