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200305038
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Last modified
10/15/2011 9:14:41 PM
Creation date
10/21/2005 5:10:37 PM
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DEEDS
Inst Number
200305038
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200305038 <br />Section 2.11. Compliance With Instruments. The Grantor shall promptly <br />perform and observe, or cause to be performed and observed, all of the terms, <br />covenants and conditions of all other instruments affecting the Property if the <br />failure to so perform or observe would have a Material Adverse Effect and shall <br />do or cause to be done all things necessary to preserve intact and unimpaired any <br />and all easements, appurtenances and other interests and rights in favor of or <br />constituting any portion of the Trust Property if the failure so to do would have a <br />Material Adverse Effect. <br />ARTICLE 3 <br />INSURANCE, CASUALTY AND CONDEMNATION <br />Section 3.01. Insurance. (a) The Grantor shall maintain, or cause to be <br />maintained with respect to the Property the insurance required by Section 5.02 of <br />the Credit Agreement. The physical damage insurance maintained with respect to <br />the Property shall (i) bear the New York standard non - contributory Deed of Trust <br />endorsement (or the equivalent thereto) in favor of the Beneficiary as <br />Administrative Agent under the Credit Agreement and (ii) provide that all <br />property losses insured against shall be adjusted by the Grantor, subject to the <br />Beneficiary's rights pursuant to Section 3.02. The public liability insurance <br />maintained with respect to the Property shall name the Beneficiary and Secured <br />Parties as additional insureds. All insurance maintained by the Grantor with <br />respect to the Property shall provide that (A) no cancellation or material change <br />thereof shall be effective until at least 30 days after receipt by the Beneficiary of <br />written notice thereof; and (B) all losses shall be payable notwithstanding any <br />foreclosure or other action or proceeding taken pursuant to this Deed of Trust. <br />(b) The Grantor shall furnish to the Beneficiary not later than 15 days <br />prior to the expiration date of each policy required to be maintained by the <br />Grantor hereunder, an insurance certificate or certificates executed by the insurer <br />or its authorized agent with respect to the new or extended policy. <br />(c) The Grantor may effect such coverage under subsection (a) of this <br />Section under blanket insurance policies covering other properties of the <br />Borrower and its Subsidiaries, provided that (i) any such blanket insurance policy <br />shall specify therein, or the insurer under such policy shall certify to the <br />Beneficiary, (A) the maximum amount of the total insurance afforded by the <br />blanket policy allocated to the Property, and (B) any sublimits in such blanket <br />policy applicable to the Property, which sublimits shall not be less than the <br />amounts required pursuant to this Section; (ii) any such blanket insurance policy <br />shall comply in all respects with the other provisions of this Section; and (iii) the <br />protection afforded under any such blanket insurance policy shall be no less than <br />that which would have been afforded under a separate policy relating only to the <br />Property. <br />22 <br />(NY) 04675/ 120 /REAL/NEBRASKA/form.dot.NE.doc <br />
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