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200700035
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Last modified
1/2/2007 4:44:51 PM
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1/2/2007 4:44:49 PM
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DEEDS
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200700035
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<br />200700035 <br /> <br />community where the Property is located. It shall be deemed commercially reasonable for the Trustee to <br />dispose of the Personalty without giving any warranties as to the Personalty and specifically disclaiming <br />all disposition warranties. <br /> <br />Section 7.8 <br /> <br />Application of Proceeds. <br /> <br />Unless otherwise provided by applicable Law, all proceeds from the sale of the Property or any <br />part thereof pursuant to the rights and remedies set forth in this Article VII and any other proceeds <br />received by Lender from the exercise of any of its other rights and remedies hereunder or under the other <br />Loan Documents shall be applied first to pay all Expenses and next in reduction of the other Obligations, <br />in such manner and order as Lender may elect. <br /> <br />Section 7.9 <br /> <br />Other Remedies. <br /> <br />Lender shall have the right from time to time to protect, exercise and enforce any legal or <br />equitable remedy against Grantor provided under the Loan Documents or by applicable Laws. <br /> <br />Section 7.10 Lender's Performance. <br /> <br />. <br /> <br />Upon the occurrence of an Event of Default herein, Beneficiary may, but need not, and whether <br />electing to declare the whole of the Loan due and payable or not, and without waiver of any other remedy, <br />make any payment or perform any act herein required of Grantor in any form and manner deeined <br />expedient, and may, but need not, make full or partial payments of principal or interest on prior <br />encumbrances, if any, and purchase, discharge, compromise or settle any tax lien or other prior lien or <br />title or claim thereof, redeem from any tax sale or forfeiture affecting the Property or contest any tax or <br />assessment or cure any default of Grantor as landlord in any Lease, or enter upon the Property and may <br />complete the construction or development of any Improvements and in the course of such completion <br />may make such changes as Beneficiary may deem necessary or desirable. All monies paid for any of the <br />purposes herein authorized and all expenses paid or incurred in connection therewith, including attorneys' <br />fees, and any other monies advanced by Beneficiary to protect the Property or the lien hereof, shall be <br />additional Obligations and shall become immediately due and payable without notice and with interest <br />thereon at the default rate of interest set forth in the Note. Inaction of Beneficiary shall never be <br />considered as a waiver of any right accruing to it on account of any Event of Default on the part of <br />Grantor. <br /> <br />Section 7.11 <br /> <br />Beneficiary's Rieht of Inspection. <br /> <br />Beneficiary, and Beneficiary's contractors, agents and representatives, shall, upon reasonable <br />notice to Grantor, have the right to inspect the Property, including, but not limited to, the inspection of <br />any Improvements being constructed on the Real Property during such construction, at all reasonable <br />times and access thereto shall be permitted for such purposes. <br /> <br />Article VIII <br />Trustee. <br /> <br />Section 8.1 <br /> <br />Liabi1itv of Trustee. <br /> <br />Trustee shall have no liability or responsibility for, and make no warranties in connectiqn with, <br />the validity or enforceability of any of the Loan Documents or the description, value or status of"iitle to <br />the Property. Trustee shall be protected in acting upon any notice, request, consent, demand, statement, <br />note or other paper or document believed by Trustee to be genuine and to have been signed by the party <br />or parties purporting to sign the same. Trustee shall not be liable for any error of judgment, nor for, any <br />act done or step taken or omitted, nor for any mistakes of law or fact, nor for anything which Trustee may <br />do or refrain from doing in good faith, nor generally shall Trustee have any accountability hereunder <br /> <br />Hall County, Nebraska <br />Error! Unknown document property name. <br /> <br />16 <br />
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