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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 />covenant or agreement contained herein except that such grace period shall be 60 <br />days instead of 30 days in respect of any non - compliance with the following <br />Sections of this Deed of Trust: 2.01(b)(i), 2.04(b), 2.05, any Lien referred to in <br />2.06, 2.07(b)(i), (iii), (iv) and (v) and 2.08(a)(iii), (iv), (v) and (vi), as long as (i) <br />such Default is reasonably susceptible (in the Beneficiary's reasonable judgment) <br />of being cured within a period of 60 days after notice thereof has been given to <br />the Borrower or the Grantor by the Beneficiary; (ii) the Grantor shall have <br />commenced to cure such Default within 30 days after written notice thereof has <br />been given to the Borrower or to the Grantor or by the Beneficiary; (iii) the <br />Grantor pursues such cure with diligence and continuity; and (iv) such Default <br />does not have a Material Adverse Effect. <br />(b) All notice and cure periods provided in this Deed of Trust, the <br />Credit Agreement or any other Financing Document shall run concurrently with <br />any notice or cure periods provided under applicable law. <br />Section 5.02. Remedies Cumulative. No remedy or right of the <br />Beneficiary hereunder, under the Credit Agreement, or under any other Financing <br />Document or otherwise, or available under applicable law, shall be exclusive of <br />any other right or remedy, but each such remedy or right shall be in addition to <br />every other remedy or right now or hereafter existing at law or in equity under <br />any such document or under applicable law. No delay in the exercise of, or <br />omission to exercise, any remedy or right accruing upon any default shall impair <br />any such remedy or right or be construed to be a waiver of any such default or an <br />acquiescence therein, nor shall it affect any subsequent default of the same or a <br />different nature. Every such remedy or right may be exercised concurrently or <br />independently, and when and as often as may be deemed expedient by the <br />Beneficiary. All obligations of the Grantor, and all rights, powers and remedies <br />of the Beneficiary and/or Trustee expressed herein shall be in addition to, and not <br />in limitation of, those provided by law, equity or in the Credit Agreement, or any <br />other Financing Document, including, without limitation, the right to declare the <br />obligations of the Borrower due and payable as provided in Section 6.01 of the <br />Credit Agreement. <br />Section 5.03. Possession Of Property. The Grantor hereby waives, while <br />an Event of Default has occurred and is continuing, all right to the possession, <br />income and Rents of the Property, and the Beneficiary or a Receiver (as the case <br />may be as the Person exercising the rights under this Section) is hereby expressly <br />authorized and empowered to the extent permitted by applicable law, while an <br />Event of Default has occurred and is continuing, (a) to enter into and upon and <br />take possession of, and operate all facilities on, the Property or any part thereof, <br />personally, or by its agents or attorneys, and exclude the Grantor therefrom <br />without liability for trespass, damages or otherwise; (b) to enter upon and take <br />and maintain possession of all of the documents, books, records, papers and <br />accounts of the Grantor relating to the possession and operation of the Trust <br />Property; (c) to conduct, either personally or by its agents, the business of the <br />Property; (d) to exercise all rights of the Grantor with respect to the Trust <br />27 <br />(NY) 04675 / 120 /REAUNEBRASKA/form.dot.NE.doc <br />
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