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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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200305035 <br />(c) This financing statement covers goods or items of personal property <br />which are or are to become fixtures upon the Property. <br />(d) Name and Address of record owner: <br />Beverly Enterprises - Nebraska, Inc. <br />c/o Beverly Enterprises, Inc. <br />1000 Beverly Way <br />Fort Smith, Arkansas 72919 <br />Section 6.03. Defeasance. If all of the Secured Obligations shall have <br />been paid in full and there shall be no Commitments or Letter of Credit exposures <br />outstanding under the Credit Agreement and if the Obligors shall have performed <br />and observed all the covenants, obligations and conditions to be performed by the <br />Obligors pursuant to the Financing Documents, then this Deed of Trust shall <br />cease, terminate and, thereafter, be of no further force or effect (except as <br />provided in Sections 4.01, 4.02 and 5.06). Upon such termination and the <br />Grantor's request, appropriate release shall promptly be made by the Beneficiary <br />to the Person or Persons legally entitled thereto at the Grantor's expense. <br />Section 6.04. Notices. Grantor, for itself and each party hereto, hereby <br />requests that a copy of any notice of default and a copy of any notice of sale <br />hereunder be mailed to them at the applicable addresses. Each notice, demand or <br />other communication given to the Grantor or the Beneficiary in connection with <br />this Deed of Trust shall be (a) in the case of the Beneficiary, in accordance with <br />Section 9.01 of the Credit Agreement, at the address or telex or facsimile <br />transmission number specified therein and (b) in the case of the Grantor, in <br />accordance with Section 5.01 of the Subsidiary Guaranty, at the address or telex <br />or facsimile transmission number of the Grantor set forth on the signature pages <br />of the Subsidiary Guaranty or at such other address or telex or facsimile <br />transmission number as the Grantor shall have specified by notice to the <br />Beneficiary given in accordance with such Section 5.01 and (c) in the case of the <br />Trustee, 1901 North Roselle Road, Suite 650, Schaumberg, IL 60195, or at such <br />other address or telex or facsimile transmission number as the Trustee shall <br />specify to the other parties in writing. A copy of each notice, demand or other <br />communication given to the Trustee shall also be given to the Beneficiary. <br />Section 6.05. Care By Beneficiary. The Beneficiary shall be deemed to <br />have exercised reasonable care in the custody and preservation of any of the Trust <br />Property in its possession if it takes such action for that purpose as the Grantor <br />requests in writing, but failure of the Beneficiary to comply with any such request <br />shall not of itself be deemed a failure to exercise reasonable care, and no failure of <br />the Beneficiary to preserve or protect any rights with respect to such Trust <br />Property against prior parties, or to do any act with respect to the preservation of <br />such Trust Property not so requested by the Grantor, shall be deemed a failure to <br />exercise reasonable care in the custody or preservation of such Trust Property. <br />36 <br />(NY) 04675/ 120 /REAL/NEBRASKA/form.dot.NE.doc <br />
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