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86- 100884 <br />6. The performance and interpretation of the Agreement and <br />this Memorandum shall be controlled by and construed in <br />accordance with the internal laws of the State of Nebraska. <br />7. The Buyer shall have the right to assign its rights and <br />obligations under the Agreement by executing an Assignment and <br />providing the Seller with a copy thereof. <br />8. In the event the Buyer or its assignee fail to comply <br />with any of the agreements, covenants, terms and conditions of <br />the Agreement, the Seller shall in addition to all other <br />remedies, have the right to terminate the Agreement by advising <br />the Buyer or its assignee in writing and recording a Memorandum <br />of Termination, which the Buyer hereby authorize the Seller to <br />execute as its attorney in fact. <br />9. If Buyer (a) fails to make the payments set forth in <br />the Agreement as same become due; or (b) fails to pay the taxes <br />or special assessments or charges, or any part thereof, levied <br />upon the Premises, or assessed against it, by any taxing body <br />before any of such items become delinquent; or (c) fails to keep <br />the Premises insured; or (d) fails to keep it in reasonable <br />repair as herein required; or (e) places any type of additional <br />financing against the Premises prior to Buyer obtaining fee <br />simple title thereto; or (f) fails to perform any of the <br />agreements set forth in the Agreement, then Seller, in addition <br />to any and all other legal and equitable remedies which it may <br />have, at its option, may proceed to terminate and cancel the <br />Agreement. Upon completion of such termination Buyer shall have <br />no right of reclamation or compensation for money paid, or <br />improvements made; but such payments and /or improvements if any <br />shall be retained and kept by Seller as compensation for the use <br />of the Premises, and /or as liquidated damages for breach of this <br />contract; and upon completion of such termination, if the Buyer, <br />or any other person or persons shall be in possession of the <br />Premises or any part thereof, such party or parties in possession <br />shall at once peacefully remove therefrom, or failing to do so <br />may be treated as tenants holding over, unlawfully after the <br />expiration of a lease, and may accordingly be outsted and removed <br />as such as provided by law. <br />10. If Buyer fails in any one or more of the specified ways <br />to comply with the Agreement as in (a), (b), (c), (d), (e), or <br />(f) of numbered Paragraph 9 above provided, Seller may upon <br />thirty (30) days written notice of intention to accelerate the <br />payment of the entire balance, during which thirty (30) days such <br />default or defaults are not removed, declare the entire balance <br />under the Agreement immediately due and payable; and thereafter <br />at the option of the Seller, the Agreement may then be foreclosed <br />-Z- <br />L J <br />