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200906255
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Last modified
3/4/2012 12:54:09 PM
Creation date
7/29/2009 4:34:09 PM
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DEEDS
Inst Number
200906255
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200906255 <br />Section 1.4. Only that copy of this Lease - Purchase Agreement which is labeled as <br />"TRUSTEE'S ORIGINAL" shall constitute this Lease- Purchase Agreement. Duplicate Originals may be <br />prepared and executed for the convenience of the parties only. <br />ARTICLE II <br />Section 2.1. Lessee shall pay to Lessor basic rent during the term hereof in the amounts and <br />on or prior to the dates set forth in the Addendum. <br />Section 2.2. Lessee shall pay as additional rent: <br />(a) the fees and expenses of the Trustee under the Indenture, at least semiannually or <br />annually as statements are rendered by said Trustee and furnished to Lessee, <br />(b) any expenses incurred in making of any audit of Lessor requested by Lessee, <br />(c) an amount equal to all taxes and fees required to be paid by Lessor to the State of <br />Nebraska or any other government, to keep the Lessor a corporation in good <br />standing during the term of this Lease- Purchase Agreement, <br />(d) all impositions (as defined in Article VI hereof) costs, expenses, liabilities, <br />obligations and other payments of whatever nature which Lessee has agreed to pay <br />or assume under the provisions of this Lease - Purchase Agreement, and <br />(e) any and all taxes which may be incurred by Lessor by virtue of Lessor's ownership <br />interest in the Project and any and all costs incurred by Lessor in preserving its <br />ownership interest in the Project, including but not limited to any legal expenses <br />incurred in preserving Lessor's ownership interest in the Project free and clear from <br />all encumbrances other than those created pursuant to this Lease - Purchase <br />Agreement or the Indenture. <br />If at any time any amount paid by Lessee as additional rent is, or becomes, in excess of the amount required <br />for the purpose for which it was paid, such excess amount, if held by Lessor, shall be refunded to Lessee. <br />Section 2.3. All payments of basic rent and additional rent shall be made by Lessee on or <br />before the date the same shall become due, without notice or demand, and without abatement or setoff, <br />irrespective of whether the Lessee shall have taken possession of any part of the Project, the taking by <br />eminent domain of title to all or part of the Project, or the right of temporary use of all or part thereof, or any <br />loss or damage to the Project, from any cause whatsoever, none of which shall relieve Lessee of the liability <br />for payment of basic and additional rent as herein provided, except as insurance or condemnation proceeds <br />may be applied on basic rent as herein specifically permitted. <br />Section 2.4. Lessee hereby acknowledges receipt of notice that this Lease - Purchase <br />Agreement and the basic rentals due hereunder have been or are to be assigned to the Trustee pursuant to the <br />Indenture. Payments of basic rent shall be made to Lessor by Lessee remitting the same directly to the <br />Trustee, for the account of the Lessor, and Lessor shall cause the Trustee to deposit all such payments in the <br />trust account provided for in the Indenture and designated as the "Bond Fund," to be used and applied by the <br />El <br />
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