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201007862 af Trustee's fe�s, Tnxstee shall reconvey to the G,ra�a.tar, or the person or persons legall� entitled tb„ereto, without warranty, any portion af the Property then held hereunder_ The recitals in such recanv�yance of any matters or facts shall be conclusive proof of the truthfi�lness thereaf. 2$, This Recapture Deed vf Trust, th� rights of Authority hereunder and the 1602 Agreement shall be construed and enforced according to the laws of the State af Nabraska. 29. In the event that any provisian or claus� of any of this Recaptuxe Deed of Trust conflicts with applicable laws, such conflict shall not affect other provisions af this Recapture Deed of Trust which can be given effect withaut the conflictin� provision. 30. This Recapture D�ed of Trust applies to, inures to the benefit o� and binds all partiea he�reto, their heirs, legatees, devisees, administrators, executors, successc�rs and assigns. The word "Grantor" s}aall include any future owri.er af the Premises. The use of the singular number shall include the plural and the use of a�zy gender shall include all genders. 31. Nv waiver by the Autharity of any right under this Recapture Deed of Tnist shall be effectiv� uxiless in writing. Waiv�r by the Authority of any right grant�d to the Authority under this Recapture Deed af Trust or of any provision of this Recapiure Deed of Trust as to any transaction ar occurrence shall not be deemed a waiver as to any �uture transaction or occurrence. By accepting payment or performance of any �bli�ations af�er xts due dat�, ar by ma.k�ing any other payment or pe�rfoz7ming any other act on behalf of Grantar for which Grantor was abligated hereunder, but failed to make or perform, ar by add.ix�g any payment made by the Authority to the indebtedness secured hereby, the Authority does not waive its right ta require prompt paym�nt when due of, or to require prampt performance oF, any Obligation, ar to declare an Event of Default for �ilure so to pay or perform. 32. Grantar and the Aut�ority hereby waive trial by jury in any action, proceeding or counterclaim brought by any party agai.nst any othear ox on any matter arising out of or in any way connected with this Recaptu.r� D�ed af Trust, the 1602 Agreement or the permitted encumbrances, or any sums due under the same, the relationship between Grantar aud the Autl�nrity, nr the Premises. 33. This Security Ir�trument secures futur� advances and future obligations of Graritor and shall be governed by Neb. Rev. Stat. Section 76-238.01, as may be amended fram time to tune. T1ae tatal face amount of the present and firture advances and obligations which may be secured hereby, including, without limitation, all of Grantor's obligations is $2,187,503. Tl.�is provision shall not constitute an obligation upon or cammitment of Seneficiary to make additional advances or loans to Grantor. 34. A CREDIT AGREEMENT MUST BE TN WRT'TING TO BE ENFORCEABLE UNDER NEBRASKA LAW. TO PROTECT AGAINST ANY MISUNDERSTANDINGS OR DISAPPOINTMENT5, ANY CONTR.ACT, PROMISE, UNDERTAKIl�iG OR OFFER T� FOREBEAR REPAYMENT OF MONEY OR TO MAKE ANY OTHER FTNANCLAL ACCOMMODATIpN IN CONNECTTON WITH THIS LOAN OF MONEY �R GRAN'f OR 19 Recapture Deed af trust and Security A�reement 4840-6755-9942.2