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200011176 (k) Any warranty, representation or statement furnished to Lender by or on behalf of Borrower under the Note, this Instrument, any of the other Loan Documents or the Environmental Indemnity Agreement Regarding Hazardous Substances, shall prove to have been false or misleading in any material respect when made. (1) Failure of Borrower to observe or perform any other covenant or condition contained herein and such default shall continue for forty -five (45) days after notice is given to Borrower specifying the nature of the failure, or if the default cannot be cured within such applicable cure period, Borrower fails within such time to commence and pursue curative action with reasonable diligence or fails at any time after expiration of such applicable cure period to continue with reasonable diligence all necessary curative actions; provided, however, that no notice of default and no opportunity to cure shall be required with respect to defaults under Section 17 hereof or if during the prior twelve (12) months Lender has already sent a notice to Borrower concerning default in performance of the same obligation. (m) Failure of Borrower to observe or perform any other obligation under any other Loan Document or the Certificate and Indemnity Regarding Hazardous Substances when such observance or performance is due, and such failure shall continue beyond the applicable cure period set forth in such Loan Document, or if the default cannot be cured within such applicable cure period, Borrower fails within such time to commence and pursue curative action with reasonable diligence or fails at any time after expiration of such applicable cure period to continue with reasonable diligence all necessary curative actions. No notice of default and no opportunity to cure shall be required if during the prior twelve (12) months Lender has already sent a notice to Borrower concerning default in performance of the same obligation. (n) Borrower's abandonment of the Property, or the termination before the end of the stated term of that certain Lease between Borrower and RDO Equipment Co., a Delaware corporation, as lessee, dated as of June 9, 1999 and amended by that certain First Amendment to Lease dated as of November 1, 2000, or the occurrence of a material default by the tenant thereunder. (o) Any of the events specified in (g) - 0) above shall occur with respect to any tenant of the Property, with respect to any guarantor of any of Borrower's obligations in connection with the Indebtedness or with respect to any guarantor of any tenant's obligations relating to the Property, or such guarantor dies or becomes incompetent. (p) The occurrence of any default under any of the documents evidencing or securing GE Capital Loan No. 050- 0000642 -001, GE Capital Loan No. 050- 0000646 -001, GE Capital Loan No. 050- 0000800 -001, GE Capital Loan No. 050- 0000801 -001, GE Capital Loan No. 050- 0000805 -001, GE Capital Loan No. 050- 0000807 -001, GE Capital Loan No. 050- 0002255 -001, GE Capital Loan No. 050- 0002257 -001, GE Capital Loan No. 050- 0002283 -001, GE Capital Loan No. 050- 0002293 -001 and GE Capital Loan No. 050- 0002320 -001. 26. RIGHTS AND REMEDIES ON DEFAULT. 26.1 Remedies. Upon the occurrence of any Event of Default and at any time thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies: 21 01- 288814.04 Grand Island, NE