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�o�io4�� Section 7.1 Requeat for Notices. Each party to this Deed of Trust requests that a copy of any notice of default or any other notice of sale or any other notices that may be given pursuant to this Deed of Trust or otherwise be sent to the party at the address set forth herein, as provided by the Nebraska Trust Deeds Act. Section 7.2 Indemnification of Trustee. Except for gross negligence and willful miscondnct, Trustee shall aot be liable for any act or omission or error of judgment. Trustee may rely on any document believed by it in good faith to be genuine. All money received by Trustee shall, until used or applied as herein provided, be held in trust, but need not be segregated (except to the extent required by law), and Trustee shall not be liable for interest thereon. Trustor shall protect, indemnify and hold harmless Trustee against all liability and expenses which Trustee may incur in the performance of its duties hereunder. Section 7.3 AMions by Trustee. At any time, or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed of Trust and the Note for endorsement, and without affecting the personal liability of any person for payment of the Obligations or the effect of this Deed of Trust upon the remainder of the Mortgaged Property, Trustee may take such actions as Beneficiary may request and which are permitted by this Deed of Trust or by applicable law. Section 7.4 Substitution of Trustee. Beneficiary has the power and sha11 be entitled, at any time and from time to time, in its sole discretion and without cause, to remove Trustee or any successor trustee and to substitute and appoint another trustee or trustees (either corporaxe or individual) in the place and stead of Trustee or any successor trustee, by written instrument duly executed and recorded in the Office of the county recorder of the oounty or counties where the Mortgaged Property is situated, which instrument sha11 be conclusive proof of the proper substitution and appointment of such successor trustee or trustees, who sha.11 have all the rights, title, estate, powers, duries and privileges of the predecessor trustee, without the necessity of any conveyance from such predecessor. Section 7.5 Waiver of Jury Trial. TO TI� FULLEST EXTENT PERMITTED BY LAW, BORROWER AND LENDER HEREBY WAIVE 'THEIR RESPECTIVE RIGHT TO TRIAL BY NRY IN ANY ACTION, PROCEEDING AND/OR HEARING ON ANY MATTER WHATSOEVER ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE NOTE, THIS DEED OF TRUST OR ANY OF TI� LOAN DOCUMENTS, OR THE ENFORCEMENT OF ANY REMEDY UNDER ANY LAW, STATUTE, OR REGULATION. NEITHER PARTY WILL SEEK TO CONSOLIDATE ANY SUCH ACTION IN WHICH A JURY HAS BEEN WAIVED, WITH ANY OTI�R ACT'ION IN WHICH A JURY TRIAL CANNOT OR HAS NOT BEEN WANED. EACH PARTY HA5 RECEIVED THE ADVICE OF COUNSEL WITH RESPECT T� THIS WAIVER. Section 7.6 Intercreditor Agreemen� The terms of this Deed of Trust, any lien and security interest granted to the Beneficiary pursuant to this Deed of Trust and the exercise of any right or remedy by the Beneficiary hereunder are subject to the provisions of the Intercreditor Agreement (as defined in the Loan Agreement). In the event of any inconsistency between the provisions of this Deed of Trust and the Intercreditor Agreement, the provisions of the Intercreditor Agreement shall supersede the provisions of this Deed of Trust. [NO FURTI�R TEXT ON PAGE] DOCS/1045495.1 20