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<br />additional rental for more than one (1) month in advance, except prepayments in the nature of
<br />security for the performance by said lessee or tenant of its obligations under said lease, tenant
<br />contract or rental agreement; or (ii) any amendment or modification of said lease, tenant contract
<br />or rental agreement made without the express written consent of Beneficiary or said
<br />successor-in-interest. Each lease, tenant contract and rental agreement pertaining to the Premises
<br />shall also provide that, upon request by said successor-in-interest, the lessee or tenant thereunder
<br />shall deliver an instrument or instruments confirming such attornment, provided that such
<br />tenant's quiet enjoyment of the Premises shall not be disturbed so long as such attornment is
<br />complete and continuing.
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<br />3.06.05 Notwithstanding any other provisions of this Instrument, Grantor shall
<br />not hereafter enter into any material lease, tenant contract, rental agreement, franchise
<br />agreement, management contract or other contract, license or permit affecting the Premises, or
<br />any part thereof, without the prior written consent of Beneficiary and, with respect to all such
<br />instruments other than governmental licenses and permits, except upon the following conditions:
<br />(i) each such instrument shall contain a provision that the rights of the parties thereunder are
<br />expressly subordinate to all of the rights and title of Beneficiary under this Instrument; (ii) any
<br />such instrument shall contain a provision whereby the parties thereunder expressly recognize and
<br />agree that, notwithstanding such subordination, Beneficiary may sell the Premises in the manner
<br />provided in Article IV of this Instrument, and thereby, at the option of Beneficiary, sell the same
<br />subject to such instrument; and (iii) at or prior to the time of execution of any such instrument,
<br />Grantor shall, as a condition to such execution, procure from the other party or parties thereto an
<br />agreement in favor of Beneficiary, in form and substance satisfactory to Beneficiary, under
<br />which such party or parties agree to be bound by the provisions of Article IV of this Instrument,
<br />regarding the manner in which Beneficiary may foreclose or exercise the power of sale under
<br />this Instrument.
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<br />3.07 Security Agreement.
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<br />3.07.01 Insofar as the Plant, Equipment and Personal Property are concerned,
<br />this Instrument is hereby made and declared to be a security agreement, and a security interest is
<br />hereby granted by Grantor to Beneficiary encumbering each and every item of Plant, Equipment
<br />and Personal Property in compliance with the provisions of the Nebraska Uniform Commercial
<br />Code. The Plant, Equipment and Personal Property is or includes fixtures. A financing
<br />statement or statements reciting this Instrument to be a security agreement, affecting all of said
<br />personal property aforementioned, shall be executed by Grantor and Beneficiary and
<br />appropriately filed. For purposes of complying with the requirements of the Nebraska Uniform
<br />Commercial Code, the name of Grantor, as Debtor, and Beneficiary (and to the extent of his
<br />interest, if any, the Trustee), as Secured Party, and the respective addresses of Grantor, as
<br />Debtor, and Beneficiary (and Trustee, as applicable), as Secured Party, are set forth on the first
<br />page of this Instrument; the types or items of collateral are described in this Section and in the
<br />definition of the "Plant, Equipment and Personal Property" appearing in Article I of this
<br />Instrument; and the description of the Land is set forth on Exhibit A attached hereto. The
<br />remedies for any violation of the covenants, terms and conditions of the security agreement
<br />herein contained shall be (i) as prescribed herein, or (ii) as prescribed by general law, or (iii) as
<br />prescribed by the specific statutory consequences now or hereafter enacted and specified in the
<br />Nebraska Uniform Commercial Code, all at Beneficiary's sole election. Grantor and Beneficiary
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