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200110903
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Last modified
10/14/2011 11:36:56 AM
Creation date
10/20/2005 10:49:56 PM
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DEEDS
Inst Number
200110903
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200110903 <br />to exercise any of the rights or remedies referred to or set forth in Article VI. In addition, upon <br />such an Event of Default, Grantor shall promptly pay to Beneficiary (i) all rent prepayments and <br />security or other deposits paid to Grantor pursuant to any lease assigned hereunder and (ii) all <br />charges for services or facilities or for escalation which were paid pursuant to any such lease to <br />the extent allocable to any period from and after such Event of Default. Nothing contained in <br />this Section 3.14(a) shall be construed to bind Beneficiary to the performance of any of the <br />covenants, conditions or provisions contained in any Subordinate Lease or otherwise to impose <br />any obligation on Beneficiary (including any liability under the covenant of quiet enjoyment <br />contained in any Subordinate Lease or under any applicable law in the event that any tenant shall <br />have been joined as a party defendant in any action to foreclose this Deed of Trust and shall have <br />been barred and foreclosed thereby of all right, title and interest and equity of redemption in the <br />Premises), except that Beneficiary shall be accountable for any money actually received pursuant <br />to such assignment. Grantor hereby further grants to Beneficiary the right to notify the tenant <br />under any Subordinate Lease of the assignment thereof and, if an Event of Default shall then <br />exist, (i) to demand that the tenant under any Subordinate Lease pay all amounts due thereunder <br />directly to Beneficiary, (ii) to enter upon and take possession of the Premises for the purpose of <br />collecting the Rents, (iii) to dispossess by the usual summary proceedings any tenant defaulting <br />in the payment thereof, (iv) to let the Premises, or any part thereof, and (v) to apply the Rents, <br />after payment of all necessary charges and expenses, on account of the Secured Obligations. <br />(b) Grantor's Obligation to Pam. If Grantor is not required to surrender <br />possession of the Premises hereunder in the event of any Event of Default, Grantor will pay <br />monthly in advance to Beneficiary, on its entry into possession pursuant to Article VI, or to any <br />receiver appointed to collect said Rents, the fair and reasonable rental value for the use and <br />occupation of the Premises or such part thereof as may be in the possession of Grantor. Upon a <br />default in any such payment, Grantor will vacate and surrender such possession to Beneficiary or <br />such receiver, and, in default thereof, may be evicted by summary or any other available <br />proceedings or actions. <br />(c) Grantor will (i) perform or cause to be performed all the lessor's <br />obligations under any Subordinate Lease, (ii) enforce (including the termination and cancellation <br />of any Subordinate Lease, so long as the same is a bona fide enforcement of Grantor's right as <br />lessor under any such Subordinate Lease and such termination or cancellation, either by itself or <br />in the aggregate with other terminations and cancellations with respect to the Premises, will not <br />diminish or impair the security of this Deed of Trust) the performance by the lessee under its <br />respective Subordinate Lease of all of said lessee's obligations thereunder and (iii) give <br />Beneficiary prompt notice and a copy of any notice of default, event of default, termination or <br />cancellation sent or received by Grantor; but nothing contained herein shall preclude Grantor <br />from modifying, supplementing or amending any existing Subordinate Lease or, subject to <br />subsection (d)(i) hereof, preclude Grantor from entering into additional Subordinate Leases <br />which may, from time to time, be modified, supplemented, amended, terminated or cancelled by <br />Grantor subject to the provisions of this subsection (c). <br />(d) (i) Except as provided in subsection (c) above, Grantor will not, without <br />Beneficiary's consent, (1) assign, mortgage, pledge or otherwise transfer, dispose of or encumber, <br />NYDOCS03/596673.1 15 HALL COUNTY, NEBRASKA <br />
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