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200302817 <br />be cured within a sixty (60) day period because of any cause beyond the control of <br />the Lessee), <br />then Lessor may, at the election of lessor then or at any time thereafter while such event of default shall <br />continue (but only with the written consent of the Trustee), give Lessee written notice of intention to <br />tetminate,this Lease- Purchase Agreement and the term herein provided for on a date specified therein, which <br />date shall not be earlier than thirty (30) days after such notice is given, and if all defaults have not been cured <br />on the date so specified, then Lessee's rights to possession of the Project shall cease and the tens hereof and <br />this lease- Purchase Agreement shall thereupon be terminated, and Lessor may re -enter and take possession <br />of the Project, or any part thereof, as of Lessor's former estate; or, as an alternative remedy, Lessor may, <br />without terminating the term or this Lease- Purchase Agreement, re -enter as above provided or take <br />possession pursuant to legal proceedings or pursuant to any notice provided for by law and thereafter shall <br />use reasonable diligence to relet the Project, or parts thereof, for such term or terms (but not beyond the term <br />hereunder in which such default occurred), and at such reasonable rental or rentals and upon such other terms <br />and conditions as Lessor (with the consent of the Trustee) may deem advisable, with the right to make <br />alterations and repairs to the Project; and no such re-entry or taking of possession of the Project by Lessor <br />shall be construed as an election on Lessor's part to terminate this Lease - Purchase Agreement unless the <br />termination thereof be decreed by a court of competent jurisdiction, and no such repossession by Lessor shall <br />relieve Lessee of its obligation to pay basic rent and additional rent or of any of its other obligations under <br />this Lease- Purchase Agreement, all of which shall survive such repossession, and Lessee shall continue to <br />pay the basic rent and all additional rent provided for in this Lease- Purchase Agreement until the end of the <br />term and whether or not the Project shall have been reley less the net proceeds, if any, of any referring of the <br />Project after deduction of all of Lessor's expenses in or in connection with such referring, including without <br />limitation all repossession costs, brokerage commissions, legal expenses, attorney's fees, expenses of <br />employees, alteration costs and expenses of preparation for referring. Having elected to re -enter or take <br />possession of the Project without terminating this Lease- Purchase Agreement or the term herein provided for, <br />Lessor may (but only with the consent of the Trustee) by notice to Lessee given at any time thereafter while <br />Lessee is in default in the payment of basic rent or additional rent or in the performance of any other <br />obligation under this Lcase- Purchase Agreement, elect to terminate this Lease- Purchase Agreement and the <br />term then in effect on a date to be specified in such notice, which date shall not be earlier than ten (10) days <br />after the giving of such notice, and if all defaults of Lessee shall not have been cured, on the date as specified, <br />then the term hereof and this Lease- Purchase Agreement shall thereupon be terminated. <br />If, in accordance with any of the foregoing provisions of this Article, Lessor shall have the <br />right to elect to re-enter and take possession of the Project or any parr thereof, Lessor may enter and expel <br />Lessee and those claiming through or under lessee and remove the property and effects of both or either <br />(forcibly if necessary) without being deemed guilty of any manner of trespass and without prejudice to any <br />remedies for arrears of rent or preceding breach of covenant. <br />In addition to the remedies described above, Lessee (or the Trustee) shall be entitled to <br />exercise any and all remedies of a secured party under the Nebraska Uniform Commercial Code with respect <br />to any portion of the Project which constitutes fixtures or equipment. Anything in this Lease - Purchase <br />Agreement to the contrary notwithstanding, the remedies available to Lessor and the Trustee relating to <br />repossession as described above shall not be construed to preclude direct enforcement by legal proceedings of <br />Lessee's obligation to pay basic rent and additional rent hereunder and the above described remedies of <br />repossession, or otherwise, shall be construed as additional and supplemental to such direct enforcement of <br />Lessee's obligation to pay basic and additional rent by legal proceedings. <br />12 <br />