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80005187
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Last modified
1/13/2010 10:57:45 PM
Creation date
1/13/2010 10:56:53 PM
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DEEDS
Inst Number
80005187
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<br />~~..: f~05187 <br />4. Prior to any disbursement from the fund or any advance <br />under the Second Mortgage, the Seller at its option may require <br />lien waivers from all rontraetors performing services in connec- <br />tion with the Common Area Improvements, tenant improvements oz <br />any other work undertaken at the Grand Island Mall for which a <br />Mechanics Lien may be filed and a further certification €rom Buyer's <br />title insurance company that no Mechanics` Liens have been noted and <br />wade public record. if any Mechanics Liens shall be filed against the <br />Grand Island Mall oz any interest therein by reason of work, labor or <br />servicea or materials supplied or claimed to be supplied, or any <br />municipal liens or other liens or encumbrances, other than mortgages <br />held by Seller, or leases approved by the Seller, shall be recorded, <br />filed, or suffer to exist and if any such Mechanics' Lien or other <br />lien or encumbrances not discharged or proceedings to discharge theta <br />have not been cosmenced by the Buyer within fifteen (i5) days after <br />the Brayer shall have been given notice thereof by the Seiler or by <br />the claimant or otherwise of the filing or recording thereof, then the <br />Buyer may, at its option, pay and discharge said lien or encumbrance <br />in which case, the sum which the Seiler shall have so paid shall be <br />accepted by Buyer as part of the advance then due or thereafter to <br />becose due as the Seller may elect. While any such lien or encumbrance <br />reaaina of record unleea sash lien or encumbrance shall have been <br />bonded or insured over by a reputable title insurance company doing <br />business in Nebraska, then Seller may withhold any further advance <br />hereunder and under the Second Note and Second Mortgage and upon <br />written notice from, the Seller to the Buyer this shall constitute an <br />event of default on which the Seller may proceed as in the Second <br />l~rtgage described or as hezein provided. <br />In the event of a default by any contractor supplying <br />labor or material for the Coon Area improvements and tenant <br />,;p- <br />
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