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200103932
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Last modified
10/14/2011 3:34:36 AM
Creation date
10/20/2005 8:34:59 PM
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DEEDS
Inst Number
200103932
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200103932 <br />22. EVENTS OF DEFAULT. The occurrence of any one or more of the following <br />shall constitute an Event of Default under this Instrument: <br />(a) any failure by Borrower to pay or deposit when due any amount required by the <br />Note, this Instrument or any other Loan Document; <br />(b) any failure by Borrower to maintain the insurance coverage required by <br />Section 19; <br />(c) any failure by Borrower to comply with the provisions of Section 33; <br />(d) fraud or material misrepresentation or material omission by Borrower, or any of <br />its officers, directors, trustees, general partners or managers, Key Principal or any guarantor in <br />connection with (A) the application for or creation of the Indebtedness, (B) any financial <br />statement, rent roll, or other report or information provided to Lender during the term of the <br />Indebtedness, or (C) any request for Lender's consent to any proposed action, including a request <br />for disbursement of funds under any Collateral Agreement; <br />(e) any Event of Default under Section 21; <br />(f) the commencement of a forfeiture action or proceeding, whether civil or criminal, <br />which, in Lender's reasonable judgment, could result in a forfeiture of the Mortgaged Property or <br />otherwise materially impair the lien created by this Instrument or Lender's interest in the <br />Mortgaged Property; <br />(g) any failure by Borrower to perform any of its obligations under this Instrument <br />(other than those specified in Sections 22(a) through (f)), as and when required, which continues <br />for a period of 30 days after notice of such failure by Lender to Borrower, but no such notice or <br />grace period shall apply in the case of any such failure which could, in Lender's judgment, <br />absent immediate exercise by Lender of a right or remedy under this Instrument, result in harm <br />to Lender, impairment of the Note or this Instrument or any other security given under any other <br />Loan Document; <br />(h) any failure by Borrower to perform any of its obligations as and when required <br />under any Loan Document other than this Instrument which continues beyond the applicable <br />cure period, if any, specified in that Loan Document; and <br />(i) any exercise by the holder of any other debt instrument secured by a mortgage, <br />deed of trust or deed to secure debt on the Mortgaged Property of a right to declare all amounts <br />due under that debt instrument immediately due and payable. <br />23. REMEDIES CUMULATIVE. Each right and remedy provided in this <br />Instrument is distinct from all other rights or remedies under this Instrument or any other Loan <br />Document or afforded by applicable law, and each shall be cumulative and may be exercised <br />concurrently, independently, or successively, in any order. <br />01- 327514.1 <br />FANNIE MAE MULTIFAMILY SECURITY INSTRUMENT - Form 4028 4/98 Page 27 <br />NEBRASKA <br />
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