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202406660
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12/30/2024 4:10:54 PM
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12/30/2024 4:10:52 PM
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202406660
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202406660 <br />eligible households (120% median area income and less) in no less than seven of such <br />units. <br />Section 7.02 Accounting Terms. All accounting terms not specifically defined herein <br />shall be construed in accordance with generally accepted accounting principles consistent with <br />those applied in the preparation of the financial statements and all financial data submitted <br />pursuant to this Agreement shall be prepared in accordance with such principles. <br />ARTICLE 8 <br />MISCELLANEOUS <br />Section 8.01 No Waiver; Cumulative Remedies. No forbearance, waiver by Lender of <br />any right, remedy or Event of Default hereunder shall operate as a forbearance, waiver of any other <br />right, remedy, or Event of Default or of the same right, remedy or Event of Default on a future <br />occasion. No delay on the part of Lender in exercising any right or remedy hereunder shall operate <br />as a waiver thereof, nor shall any single or partial exercise of any right or remedy, power or <br />privilege constitute such a waiver or exhaust the same, or preclude other or future exercise thereof, <br />or the exercise of any other right or remedy, all of which shall be continuing. The rights and <br />remedies of Lender specified in this Agreement shall be in addition to, and not exclusive of, any <br />other rights and remedies which Lender would otherwise have at law, in equity or by statute, and <br />all such rights and remedies, together with Lender's rights and remedies under the other Loan <br />Documents are cumulative and may be exercised individually, concurrently, successively and in <br />any order. <br />Section 8.02 Amendments, Etc. No amendment, modification, termination, or waiver of <br />any provision of this Agreement or of the Loan Documents nor consent to any departure by the <br />Borrower therefrom, shall in any event be effective unless the same shall be in writing and signed <br />by the Lender and then such waiver or consent shall be effective only in the specific instance and <br />for the specific purpose for which given. No notice to or demand on the Borrower in any case <br />shall entitle the Borrower to any other or further notice or demand in similar or other <br />circumstances, except as otherwise provided herein. <br />Section 8.03 Notices, Etc. Any notice or demand required or provided for in this <br />Agreement will be in writing and will be deemed to have been sufficiently given for all purposes <br />when given (i) by hand delivery, (ii) by sending the same by overnight United States mail or <br />recognized overnight commercial courier or delivery service, (iii) by certified mail, return receipt <br />requested, or (iv) by registered mail to the Borrower or Lender at their respective addresses set <br />forth below, or at such other address as either of them may from time to time hereafter designate <br />by notice given to the other as herein provided. Any such notice or communication will be deemed <br />received two (2) business days after said notice is deposited in the United States mail or with a <br />commercial courier or delivery service as aforesaid, and in the case of hand delivery, upon <br />acceptance at the office of the addressee. <br />Lender: <br />Central Nebraska Growth Foundation <br />Attn: Mary Berlie <br />123 N. Locust Street, Suite 201B <br />Grand Island, NE 68801 <br />
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