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200302817
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Last modified
10/15/2011 5:53:25 PM
Creation date
10/21/2005 4:23:29 PM
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DEEDS
Inst Number
200302817
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200302817 <br />ARTICLE VII <br />REPAIRS, MAINTENANCE AND ALTERATIONS <br />Section 7.1. Lessee shall keep the Project and all parts thereof in good serviceable condition <br />and repair during the term of this Lease- Purchase Agreement. <br />Section 7.2. Lessee shall have the right, at its own expense, to make additions, alterations <br />and changes in or to the Project. All alterations, additions and improvements to the Project shall be deemed a <br />part of the Project subject to this Lease - Purchase Agreement, and, upon final payment of all rental obligations <br />under this Lease- Purchase Agreement, shall become the property of Lessee pursuant to the provisions of <br />Article XVIII of this Lease - Purchase Agreement. <br />Section 7.3. It is the intention of the parties that Lessor shall have no obligation for any cost <br />in connection with the Project beyond the monies in the Construction and Acquisition Fund as described in <br />Article IV hereof and that basic rentals shall he net to the Lessor and this Lease - Purchase Agreement shall be <br />construed accordingly. <br />Section 7.4. LESSEE HEREBY EXPRESSLY AGREES THAT LESSOR AND THE <br />TRUSTEE HAVE MADE NO WARRANTIES WITH RESPECT TO THE PROJECTOR AS TO ITS <br />SUITABILITY OR USEFULNESS FOR LESSEE'S PURPOSES AND LESSEE HEREBY EXPRESSLY <br />AGREES THAT NEITHER THE LESSOR NOR THE TRUSTEE SHALL BE LIABLE TO IT FOR ANY <br />DEFECT IN THE PROJECT. Lessor hereby agrees that Lessee shall be entitled to all warranties, express <br />and implied, made by any other person with respect to the Project and that Lessee shall have full power to <br />pursue any remedies which Lessor may have against any vendor, supplier or other person or entity because of <br />any defect or breach of warranty relating to the Project in the name of Lessor, as well as in Lessee's own <br />name as the ultimate user of the Project. Lessee hereby expressly acknowledges that by this Lease-Purchase <br />Agreement Lessee has been given exclusive control of the Project and that Lessee shall be liable for and shall <br />save Lessor and the Trustee harmless against any and all expense or liability for any claim based upon any <br />use of the Project by Lessee. Lessee shall not assign its rights under this Lease - Purchase Agreement or sublet <br />the Project or any part thereof during the term of this Lease- Purchase Agreement. <br />ARTICLE VIII <br />INSURANCE <br />Section 8.1. Throughout the term of this Lease- Purchase Agreement, Lessee shall, at <br />Lessee's expense, keep the Project insured or cause the Project to be kept insured against loss or damage, by <br />fire and extended coverage perils in an amount not less than the full replacement value thereof with such <br />insurance to be under policies issued by responsible insurers authorized to do business in the State of <br />Nebraska; provided, however, that such insurance policy or policies may provide that no payment shall be <br />made thereon for any claims thereunder of less than $10,000. Such insurance policies shall name Lessor, the <br />Trustee and Lessee as insureds as their respective interests may appear, but so long as the Lessee is not in <br />default hereunder, any loss shall be adjusted by and be paid to the Lessee. In addition, Lessee shall maintain <br />general liability insurance upon the Project in amounts not less than $1,000,000 for bodily injury for each <br />occurrence, not less than $100,000 for property damage for each occurrence and with an annual aggregate <br />limitation of not less than $1,000,000. <br />
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