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200308465 34. REOUEST FOR NOTICE. Borrower and Lender hereby request that a copy of any notice of default and notice of sale made or executed by Trustee pursuant to the provisions hereof be sent to Borrower and Lender at their respective mailing addresses set forth above. 35. SPECIAL PROVISION. Borrower hereby agrees to deposit $200,000.00 into an interest bearing Certificate of Deposit to be held by Lender per that Assignment of Deposit Account dated of even date herewith. Should Borrower be in default of this Special Provision or of said Assignment of Deposit Account, Lender shall have the rights and remedies as stated in Paragraph 23 of this Deed of Trust. 36. PARTIAL RECONVEYANCES. Provided no default or Event of Default shall then exist under the Note, this Deed of Trust or any of the Loan Documents, Lender agrees to cause Trustee to partially reconvey this Deed of Trust as to any individual commercial pad site, subject to the following terms and conditions: (a) All requests for partial reconveyances shall be made in writing directed to Lender, TierOne Bank, 1235 N Street, Lincoln, NE 68508; and (b) Borrower shall deliver to Lender a copy of the duly executed "bona fide" third party arm's length purchase agreement regarding the proposed sale of said individual commercial pad site for Lender's review and approval; and (c) With respect to each individual commercial pad site requested to be reconveyed, Borrower shall pay to Lender 100% of the net proceeds of the sale. All amounts paid to Lender in connection with each partial deed of reconveyance shall be applied towards Principal reduction on the Note; and (d) Payment pursuant to this paragraph 36 shall not delay or otherwise extend the date of payment of (or be applied against) any Interest amounts due under the Note; and (e) All partial reconveyances shall be made without warranty and neither Lender nor Trustee shall be responsible for any recording fees in connection therewith. IN WITNESS WHEREOF, Borrower has executed and delivered this Deed of Trust as of the date and year first above written. [see next page for signature] a 13