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201201420
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Last modified
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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20120�420 <br />of this Deed of Trust or the priority of such lien over any subordinate lien, mortgage or deed <br />of trust. Beneficiary may, in Beneficiary's sole and reasonable discretion, (i) in the case of a <br />Default, determine whether such Default has been cured, and (ii) in the case of an Event of <br />Default, by Grantor, accept or reject any proposed cure of an Event of Default. Unless and <br />until Beneficiary accepts any proposed cure of an Event of Default, such Event of Default <br />shall be deemed to be continuing for purposes of this Deed of Trust, the Credit Agreements <br />and each Lender Agreement. <br />37. Governing Law, etc. THIS MORTGAGE SHALL BE GOVERNED BY, <br />AND CONSTRUED IN ACCORDANCE WITH, THE INTERNAL LAWS OF THE <br />5TATE OF NEBRASKA; PROVIDED, HOWEVER, THAT EACH CREDIT <br />AGREEMENT IS, BY ITS TERMS, GOVERNED BY THE INTERNAL LAWS OF <br />THE STATE OF NEBRASKA AS PROVIDED THEREIN, AND, IN THE EVENT <br />THAT IT. BECOMES NECE5SARY, IN CONNECTION WITH THE <br />ENFORCEMENT OF THIS MORTGAGE OR OTHERWISE, TO CONSTRUE OR <br />ENFORCE THE LENDER OBLIGATIONS (WHICH LENDER OBLIGATIONS ARE <br />SECURED BY THIS MORTGAGE), THE CREDIT AGREEMENT5 5HALL BE <br />CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE <br />STATE OF NEBRASKA. <br />38. Certain Definitions. Unless the context clearly indicates a contrary intent or <br />unless otherwise specifically provided herein, words used in this Deed of Trust shall be used <br />interchangeably in singular or plural form and the word "Grantor" shall mean "each Grantor <br />or any subsequent owner or owners of the Mortgaged Property or any part thereof or interest <br />therein", the word "Beneficiary" shall mean "Beneficiary or any successor Beneficiary for <br />the Lenders", and the words "Mortgaged Property" shall include all or any portion of the <br />Mortgaged Property or interest therein. Whenever the context may require, any pronouns <br />used herein shall include the corresponding masculine, feminine or neuter forms, and the <br />singular form of nouns and pronouns shall include the plural and vice versa. The captions in <br />this Deed of Trust are for convenience or reference only and in no way limit or amplify the <br />provisions hereof. <br />39. Certain Matters Relatin� to Mortg��ed Pro�ertX. Notwithstanding anything <br />contained herein to the contrary: <br />(a) Principles of Construction. In the event of any inconsistencies <br />between the terms and conditions of this Section 39 and the terms and conditions of this <br />Deed of Trust, the terms and conditions of this Section 39 shall control and be binding. <br />(b) Interest After Default. If any payment due hereunder or pursuant to <br />the Credit Agreements or any Lender Agreement by Grantor is not paid when due, either at <br />stated or accelerated maturity or pursuant to any of the terms hereof, then, and in such event, <br />Grantor shall pay interest thereon from and after the date on which such payment first <br />becomes due at the interest rate provided for in the Credit Agreements and such interest shall <br />be due and payable, on demand, at such rate until the entire amount due is paid to <br />Beneficiary, whether or not any action shall have been taken or proceeding commenced to <br />12187-5273/LEGAL 17750578.4 <br />5/1/ 1022 <br />
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