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200510856
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200510856
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Last modified
3/4/2012 10:39:14 AM
Creation date
11/2/2005 12:06:03 PM
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DEEDS
Inst Number
200510856
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200510856 <br />ARTICLE XIII <br />MISCELLANEOUS <br />Section 13.01. Any request, direction, consent or other instrument in writing <br />required by this Indenture, or any supplement hereto, to be signed or executed by owners of bonds <br />may be in any number of concurrent instruments of similar tenor and may be signed or executed by <br />such owner in person or by an agent duly appointed by an instrument in writing. Proof of the <br />execution of any such instrument and of the ownership of such bonds shall be sufficient for any <br />purpose of this Indenture and shall be conclusive in favor of the Trustee and the Corporation with <br />regard to any action taken by them under such instrument, if made in the following manner: <br />(a) The fact and date of the execution by any person of any such instrument <br />may be proved by the certificate of any officer in any jurisdiction who, by the laws thereof, <br />has power to take acknowledgments of deeds to be recorded within such jurisdiction, to the <br />effect that the person signing such instrument acknowledged to such officer the execution <br />thereof, or by an affidavit of a witness to such execution. <br />(b) The ownership of any bond and the amount and numbers and other <br />descriptive details of such bonds and the dates of ownership of the same shall be <br />established by the books of registration maintained by the Trustee. <br />Section 13.02. This Indenture may be simultaneously executed in several <br />counterparts, each of which shall be an original and all of which shall constitute but one and the <br />same instrument. This Indenture shall be governed by the laws of the State of Nebraska. <br />Section 13.03. If any provisions of this Indenture shall be held or deemed to be or <br />shall, in fact, be inoperative or unenforceable as applied in any particular case, for any reason, such <br />circumstance shall not have the effect of rendering the provision in question inoperative or <br />unenforceable in any other case or circumstance, or of rendering any other provision or provisions <br />herein contained invalid, inoperative or unenforceable to any extent whatever. The invalidity of <br />any one or more phrases, sentences, clauses or paragraphs in this Indenture contained shall not <br />affect the remaining portions of this Indenture or any part thereof. <br />ARTICLE XIV <br />PROVISIONS RELATING TO BOND INSURANCE <br />Section 14.01 The Building Bonds have been sold to the Underwriter on the basis <br />of bond insurance to be provided by the Insurer under the Policy provided by the Insurer. The <br />premium for such insurance shall be paid for by the Underwriter as a part of its purchase under the <br />terms of the Bond Purchase Agreement. In connection with the requirements of the Insurer <br />relating to the issuance of the Policy, the following terms and conditions as required by the Insurer <br />are hereby agreed to by the Corporation and the Trustee with respect to the Building Bonds: <br />(a) Consent of Insurer. As and to the extent that any provision of this Indenture or <br />the Agreement expressly recognizes or grants rights in or to the Insurer, such provisions may not <br />be amended in any manner which affects the rights of the Insurer under this Indenture or the <br />30 <br />
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