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200305038
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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 />Proceeds are required to be paid to the Beneficiary pursuant to this Section, the <br />Grantor shall (A) promptly pay the amounts described in clauses (i) and (ii) of <br />the definition of "Insurance Proceeds" and (B) promptly pay as soon as received <br />the amounts described in clause (iii) of the definition of "Insurance Proceeds ", to <br />the Beneficiary pursuant to clause (ii) or (iv) of this Section, as the case may be. <br />The insurer shall be entitled to assume conclusively that no Event of Default has <br />occurred and is continuing if it has not received written notice of the existence of <br />such Event of Default. <br />(b) If an Event of Default has occurred and is continuing, the <br />Beneficiary shall have the right, at its option, (i) to apply any Proceeds toward <br />the cure of any Default; or (ii) to apply any Proceeds paid to or collected by it <br />(together with any income earned thereon) as provided in Section 9(b) of the <br />Pledge Agreement. <br />(c) If no Event of Default has occurred and is continuing, the Proceeds <br />deposited with the Beneficiary shall be deposited into a separate interest - bearing <br />account (the "Interest- Bearing Account ") in the name of and under exclusive <br />dominion and control of the Beneficiary, to be distributed to the Borrower as <br />provided below. <br />Disbursements from the Interest Bearing Account for the cost of building <br />or restoring property in respect of which money was deposited in such account <br />shall be made by the Beneficiary from time to time, but not more than once in <br />each 30 -day period. Each such disbursement shall be made within 15 days of <br />receipt by the Beneficiary of (A) a request of the Borrower for such disbursement; <br />(B) a certificate from an Authorized Financial Officer of the Borrower and the <br />supervising architect or engineer, if any, that the portion of work for which the <br />disbursement is requested is completed; (C) a certificate from an Authorized <br />Financial Officer of the Borrower that the disbursement is needed to pay the costs <br />of such work or to reimburse the Borrower for payment for such work and that the <br />funds remaining to be disbursed under this subsection in connection with such <br />property, together with other funds available to the Borrower, are sufficient to pay <br />all costs of completing such repairing, rebuilding or restoring and (D) such other <br />certificates, information and documents as the Beneficiary shall reasonably <br />require. <br />ARTICLE 4 <br />EXPENSES AND INDEMNIFICATION <br />Section 4.01. Expenses. Upon demand, the Grantor (a) shall reimburse <br />the Beneficiary and the Administrative Agent for all out -of- pocket expenses, <br />including reasonable attorneys' fees and expenses, paid or incurred by the <br />Beneficiary or the Administrative Agent in connection with (i) any Default or <br />alleged Default, (ii) the exercise or enforcement of any right or remedy under or <br />with respect to this Deed of Trust or any other Security Document, and (iii) the <br />24 <br />(N1) 04675/ 120 /REAL/NEBRASKA/form.dot.NE.doc <br />
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