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20100934�
<br />dacuments and informatian which Beneficiary now has or hereafter acquires relating to the Real
<br />Property, all or any of the Secured Obligations and/or 7rustor and, as applicable, any partners, joint
<br />venturers or members of 1'rustor, whether furnished by any Trustor or otherwise.
<br />6.6 Ru1e�___�f .�Qnstruction. (a) When appropriate based on the identity of the parties ar other
<br />circumstances, the masculine gender includes the feminine or neuter or both, and the singular number
<br />includes the plural; (b) the term "Real Property" means all and any part of or interest in the Real
<br />Property; (c) all Section headings herein are for convenience of reference only, are not a part of this
<br />Deed of Trust, and shall be disregarded in the interpretation of any portion of this Deed of Trust; (d) if
<br />more than one person or entity has executed this beed of Trust as "Trustor," the obligations of all such
<br />Trustors hereunder shall be joint and several; and (e) all terms of Exhibit A, and each ather exhibit and/
<br />or rider attached hereto and recorded herewith, are hereby incorporated into this Deed of Trust by this
<br />reference.
<br />6.7 Pr vi i n. If any provision of this Qeed of Trust shall be held to be prohibited by or
<br />invalid under applicable law, such pravision shall be ineffective only to the extent of such prohibition or
<br />invalidity without invalidating the remainder of such provision or any remaining provisions af this Deed of
<br />Trust.
<br />6.8 Governing Lav�. This Deed of Trust shall be governed by and construed in accordance with the laws
<br />of the State of Nebraska.
<br />• ' ,: �._ !.�
<br />(a) Binding Arbitration. Bank and the parties hereto agree, upon demand by any party, ta submit any
<br />bispute to binding arbitration in accordance with the terms of this Arbitration Program. A"Dispute" shall
<br />include any dispute, claim or controversy of any kind, whether in cantract or in tort, legal or equitable,
<br />now existing or hereafter arising, relating in any way to any aspect of the Deed of Trust, ar any renewal,
<br />extension, modification or refinancing of any indebtedness or obligatiqn r�lating to the Deed of Trust,
<br />including without limitation, their negotiation, execution, collateralization, administration, repayment,
<br />modification, extension, substitution, formation, inducement, enforcement, default or termination.
<br />pISPUTES SUBMITTED TO ARBITRATION ARE NOT RESOLVEp IN COURT BY A JUDG� OR
<br />JURY. TO THE EXtENT ALLOWED BY APPLICABLE LAW, THE PAR7IES IRR�VOCAB�.Y AND
<br />VOLUNTARILY WAIVE ANY RIGHT TH�Y MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO
<br />ANY DISPUTE ARBITRATED PURSUANT TO tMIS AR�ITRATION PROGRAM.
<br />(b) v . Any arbitration proceeding will (i) be governed by the Fed�ral Arbitration Act (Title
<br />9 of the United States Code), notwithstanding any conflicting choice of law provision in any of the
<br />documents between the par#ies; and (ii) be conducted by the American Arbitration Association ("AAA"),
<br />or such other administrator as the parties shall mutually agree upon, in accordance with the AAA's
<br />commercial dispute resolution procedures, unless the claim or counterclaim is at least $1,000,000.00
<br />exclusive of claimed interest, arbitration fees and costs in which case the arbitration shall be conducted
<br />in accordance with the AAA's aptional proc�dures for large, complex commercial disputes (the
<br />commercial dispute resolution procedures or the optianal procedures for large, complex commercial
<br />disputes to be referred to herein, as applicable, as the "Rules"). If there is any inconsistency between
<br />the terms hereof and the Rules, the terms and procedures set forth herein shall contrpl. Arbitration
<br />praceedings hereunder shall be conducted at a location mutually agreeable to the parties, or if they
<br />cannot agree, then at a location selected by the AAA in the state of the applicable substantive law
<br />primarily governing the Credit. Any party who fails ar refuses to submit to arbitration following a demand
<br />by any other party shall bear all casts and expenses incurred by such other party in compelling
<br />arbitratian of any Dispute. Arbitration may be demand�d at any time, and may be compelled by
<br />DeedOt7rust-NE Job 1550608450-131D239188 Loan Vers.1 12/03l2010 Page 16 of 19
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