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85006350
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85006350
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Last modified
10/18/2011 4:47:08 AM
Creation date
4/1/2008 5:35:35 PM
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DEEDS
Inst Number
85006350
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85,.s 0063 5 n <br />Mall promptly give written notice to Trustee, Issuer and <br />original Purchaser of the occurrence of such event of default <br />or event and if such event of default be continuing, Trustee or <br />Issuer with the written consent of Trustee may take one or any <br />combination of the following remedial steps: <br />(a) By written notice to Company, declare all <br />amounts then due and payable on the Bonds pursuant to <br />Section 5.2 hereof (being an amount sufficient to pay <br />the principal of, premium, if any, and interest accrued <br />on the Bonds), assuming acceleration of maturity (as <br />provided in Section 9.02 of the Indenture), to be <br />immediately due and payable as liquidated damages and <br />not as a penalty. <br />(b) Have access to and inspect, examine and make <br />copies of the books and records and any and all accounts <br />data and income tax and other tax returns of Company and <br />any books and records pertaining to the Project. <br />(c) Take whatever action at law or in equity as may <br />appear necessary or desirable to collect the Lease <br />Payments then due and thereafter to become due, or to <br />enforce performance and observance of any obligation, <br />agreement or covenant of Company under this Agreement. <br />(d) Exercise any right or remedy available under <br />the Nebraska Uniform Commercial Code. <br />Any amounts collected pursuant to action taken under this <br />Section 9.2 shall be paid into the Bond Fund and applied in <br />accordance with the provisions of the Indenture or, if the <br />Bonds have been fully paid (or provision for payment thereof <br />has been made in accordance with the provisions of the <br />Indenture), shall be paid to Company. <br />The right of the Trustee to recover judgment or pursue any <br />other remedy at law or in equity shall not be affected by any <br />entry or sale, and the Trustee shall be entitled to enforce <br />payment of and to receive all amounts remaining due and unpaid <br />under the Agreement, and shall be entitled to recover judgment <br />for any portion thereof. <br />The Company covenants that, in case an event of default <br />shall occur with respect to the payment of any installment <br />payable under Section 5.2 hereof, then, upon demand of the <br />Trustee, the Company will pay to the Trustee the whole amount <br />that then shall have become due and payable under said Section, <br />with interest (to the extent permitted by law) and on the <br />overdue amount at the Prime Rate and, in addition thereto, such <br />-43- <br />
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