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200609881
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Last modified
3/4/2012 11:23:45 AM
Creation date
11/3/2006 3:25:47 PM
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DEEDS
Inst Number
200609881
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set forth in the other Loan Documents. In the event of a conflict between this <br />Deed of Trust and the other Loan Documents, the terms of this Deed of Trust <br />shall control with respect to the Land, the Improvements, the Ground Leases, the <br />Property Leases and the Revenues. <br />33. Fixture Filing. Certain of the Mortgaged Property is or will become <br />"fixtures" (as that term is defined in the UCC) on the Land, and this Deed of Trust <br />upon being filed for record in the real estate records of the county wherein such <br />fixtures are situated shall operate also as a financing statement filed as a fixture <br />filing in accordance with the applicable provisions of said UCC upon such of the <br />Mortgaged Property that is or may become fixtures. <br />34. Multisite Real Estate Transaction. The Grantor acknowledges that this <br />Deed of Trust is one of a number of Other Deeds of Trust and Security <br />Documents that secure the Secured Obligations. The Grantor agrees that the Lien <br />of this Deed of Trust shall be absolute and unconditional and shall not in any <br />manner be affected or impaired by any acts or omissions whatsoever of the <br />Beneficiary or any other Credit Party and without limiting the generality of the <br />foregoing, the Lien hereof shall not be impaired by any acceptance by the <br />Beneficiary of any security for or guarantees of any of the Secured Obligations <br />hereby secured, or by any failure, neglect or omission on the part of the <br />Beneficiary to realize upon or protect any Obligation or indebtedness hereby <br />secured or any collateral security therefor including the Other Deeds of Trust and <br />other Security Documents. The Lien hereof shall not in any manner be impaired <br />or affected by any release (except as to the property released), sale, pledge, <br />surrender, compromise, settlement, renewal, extension, indulgence, alteration, <br />changing, modification or disposition of any of the Secured Obligations secured <br />or of any of the collateral security therefor, including the Other Deeds of Trust <br />and other Security Documents or of any guarantee thereof, and the Beneficiary <br />may at its discretion foreclose, exercise any power of sale, or exercise any other <br />remedy available to it under any or all of the Other Deeds of Trust and other <br />Security Documents without first exercising or enforcing any of its rights and <br />remedies hereunder. Such exercise of the Beneficiary's rights and remedies under <br />any or all of the Other Deeds of Trust and other Security Documents shall not in <br />any manner impair the indebtedness hereby secured or the Lien of this Deed of <br />Trust and any exercise of the rights or remedies of the Beneficiary hereunder shall <br />not impair the Lien of any of the Other Deeds of Trust and other Security <br />Documents or any the Beneficiary's rights and remedies thereunder. The Grantor <br />specifically consents and agrees that the Beneficiary may exercise its rights and <br />remedies hereunder and under the Other Deeds of Trust and other Security <br />Documents separately or concurrently and in any order that it may deem <br />appropriate and waives any rights of subrogation. <br />35. Successor Trustee. The Beneficiary shall have the power to appoint a <br />successor trustee at any time as provided in Neb. Rev. Stat. Section 761004. <br />[Remainder of page left intentionally blank] <br />26 <br />MA <br />
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