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2o�on7s3� recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. 28. This Recapture Deed of Trust, the rights af the Authority hereunder and the 1602 Agreement shal I be canstrued and enforced according to the laws of the State of Nebraska. 29. In the event that any provision or clause of any of this Recapture Deed af Trust conflicts with applicable lavvs, such conflict shall not affect other provisions of this Recapture Deed af Trust which can be given effect without the conflicting provision. 30. This Recapture Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successars and assigns. The word "Grantor" shall include any future owner of the Premises. The use of the singular number shall include the plural and the use of any gender shall include all genders. 31. No waiver by the Authority of any right under this Recapture Deed of Trust shall be effective unless in writing. Waiver by the Autharity af any right granted to the Authority under this Recapture Deed of Trust or af any provision of this Recapture Deed of Trust as to any transaction or occurrence shall not be deemed a waiver as to any future transaction or accurrence. By accepting payment or perfarmance af any Obligations after its due date, or by rnaking any other payrnent or perforrning any other act on behalf of Grantor for which Gratttor was abligated hereunder, but failed ta make or perfarm, or by adding any payment made by the Authority to the Obligations secured hereby, the Authority does not waive its right to require prompt payment when due of, or to require prompt performance of, any Obligation, or to declare an Event of Default for failure so to pay or perform. 32. Grantor and the Autharity hereby waive trial by jury in any actian, proceeding ar counterclaim brought by any party against any other or on any matter arising out of ar in any way connected with this Recapture Deed of Trust, the 16p2 Agreernent or the permitted encumbrances, or any sums due under the same, the relationship between Grantor and the Authority, or the Prernises. 33. This Security lnstrument secures future advances and future obligations of. Grantor and shall b� governed by Neb. Rev. Stat. Section 76-238.01, as may be amended from time to time. The tatal face amount of the present and future advances and obligations which may be secured hereby, including, without lirnitation, all of Grantor's obligations is $1,496,825. This provision shall not constitute an obligation upon or commitment of the Authority to make additional advances or loans to Grantor. 34. A CREDIT AGREEMENT MUST SE IN WRITING TO BE ENFORCEABLE UNDER NEBRASKA LAW. TO PROTECT AGAINST ANY MISUNDERSTANDINGS OR DiSAPPOiNTMENTS, ANY CONTRACT, PROMISE, UNDERTAKiNG OR OFFER TO FOREBEAR REPAYMENT OF MONEY QR TO MAKE ANY OTHER FINANCIAL ACCOMMODATION IN CONNECTION WITH THIS LOAN OF MONEY OR GRANT OR EXTENSION OF CREDIT, OR ANY AMENDMENT OF, CANCELLATION OF, WAIVER OF, OR SUBSTITUTION FOR ANY OR ALL OF THE TERMS OR PROVISI�NS OF ANY 19 Retapture Deed pf Trust and Security Agreement 4848-2546-71433