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200604217
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Last modified
5/12/2006 1:15:29 PM
Creation date
5/12/2006 1:15:27 PM
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DEEDS
Inst Number
200604217
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<br />, ' <br /> <br />200604217 <br /> <br />condition, or agreement on its part to be observed or performed in this Mortgage <br />(other than an occurrence which constitutes an Event of Default under any of the <br />Notes or the Agreement) for a period of thirty (30) days after written notice, <br />specifying such failure and requesting that it be remedied, has been given to the <br />Company by the Issuer or the Purchaser, unless the Purchaser shall determine that the <br />Company is diligently pursuing such remedy and shall agree in writing to an <br />extension of such time prior to its expiration. <br /> <br />SECTION 24. Remedies on Default. Upon the occurrence of an Event of Default, <br />the Purchaser may, at its option and without notice, declare the whole of the principal and accrued <br />interest on the Note remaining unpaid to be immediately due and payable; and the Purchaser may, <br />at its option, institute proceedings at law or in equity for the collection of all indebtedness due under <br />the provisions of the Agreement, the Note, and the Mortgage; and upon any such default, the <br />Purchaser may immediately cause this Mortgage to be foreclosed in the manner prescribed by law, <br />and upon the commencement of foreclosure proceedings, shall be entitled to have a receiver <br />appointed to take possession and charge of the Project during the pendency of the foreclosure <br />proceedings and during the redemption period, to rent same and receive and collect the rents, issues <br />and profits thereof, under the direction of the court, and any amount so collection by such receiver <br />shall be applied under direction of the court upon the costs and expenses of the receivership, expense <br />of insurance on the improvements, expense of repairs, taxes, assessments, and on the Mortgage <br />indebtedness as provided in the Agreement. <br /> <br />After default, in order to facilitate Purchaser's enforcing its rights and remedies as <br />a secured party under the Nebraska Uniform Commercial Code (the "UCC"), Company hereby <br />agrees that Purchaser or its representatives may take possession of such ofthe Project as is not real <br />estate and may enter any premises of Company to take possession of said properties and the proceeds <br />thereof; authorizes and empowers Purchaser and its representatives to take possession of said <br />properties and the proceeds thereof from any and all third parties; and acknowledges and agrees that <br />Purchaser's taking possession of said properties and the proceeds thereofwill not be considered as <br />a breach of the peace and may be done without the order of any court. <br /> <br />Company hereby agrees that upon Purchaser's taking possession of the said properties <br />and the proceeds thereof, Purchaser shall have and is hereby granted the right to use, improve, <br />operate, hold, lease, sell, or otherwise dispose of said properties and the proceeds thereof or any <br />portion thereof, in such a manner and for such an amount as Purchaser, in its sole discretion, deems <br />to be in the best interest of the holders of the Bonds. In the event Purchaser sells or otherwise <br />disposes of all or any portion of said properties, Company acknowledges and agrees that any sale of <br /> <br />15 <br />
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