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201201420
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3/19/2012 3:47:25 PM
Creation date
2/27/2012 8:45:38 AM
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DEEDS
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201201420
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20�201420 <br />separate assignment of (i) each Tower Lease in recordable form and (ii) any other agreement <br />to which Grantor is a party) as may be reasonably required by Beneficiary to confirm the lien <br />of this Deed of Trust and all other rights or benefits conferred on Beneficiary by this Deed of <br />Trust, the Credit Agreements andlor any other Lender Agreement. <br />12. Beneficiary's Right to Perform. If Grantor fails to perform any of the <br />covenants or agreements of Grantor hereunder, after the applicable notice and within the <br />applicable grace period, if any, provided for in the Credit Agreements, Beneficiary, without <br />waiving or releasing Grantor from any obligation or default under this Deed of Trust, may, at <br />any time (but shall be under no obligation to) pay or perform the same, and the amount or <br />cost thereof, with interest at the interest rate as set forth in the Credit Agreements, sha11 <br />within three (3) Business Days of written demand be due from Grantor to Beneficiary and the <br />same sha11 be secured by this Deed of Trust and shall be a lien on the Mortgaged Property <br />prior to any right, title to, interest in, or claim upon the Mortgaged Property attaching <br />subsequent to the lien of this Deed of Trust. No payment or advance of money by <br />Beneficiary under this Section 12 shall be deemed or construed to cure Grantor's default or <br />waive any right or remedy of Beneficiary. <br />13. Events of Default The occurrence of an Event of Default under the Credit <br />Agreements or any other Lender Agreement by Grantor shall constitute an "Event of <br />Default" hereunder. <br />14. Remedies <br />(a) If an Event of Default occurs, the Beneficiary may, at its option, <br />(i) declare the whole of the Indebtedness to be immediately due <br />and payable without further notice to the Grantor, with interest thereon <br />accruing from the date of such Event of Default until paid at the Default Rate, <br />to the extent permitted under applicable law. <br />(ii) foreclose this Deed of Trust, insofar as it encumbers the <br />Property, either by judicial action or through a public trustee foreclosure sale <br />through the Trustee in the manner provided by statute. <br />If this Deed of Trust encumbers more than one parcel of real estate, foreclosure may be by <br />separate parcel or lot or en masse, as Beneficiary may elect in its sole discretion. Foreclosure <br />through Trustee will be initiated by Beneficiary's filing of its notice of election and demand <br />for sale with Trustee. Upon the filing of such notice of election and demand for sale, Trustee <br />shall promptly comply with all notice and other requirements of the laws of Nebraska then in <br />force with respect to such sales. <br />(b) All fees, costs and expenses of any kind incurred by the Trustee or <br />Beneficiary in connection with, or preparation for, foreclosure of this Deed of Trust, <br />including, without limitation, the costs of any appraisals, engineering or environmental <br />testing and evaluations of the Mortgaged Property obtained by Beneficiary, all costs of any <br />l 2187-5273/I,EGAL 17750578.4 <br />5/1/ 1010 <br />
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