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81006050
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Last modified
1/14/2010 11:27:18 PM
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1/14/2010 11:25:20 PM
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DEEDS
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81006050
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~~ <br />2A4 ~I~ Sji)~Jd~~~ <br />under the provisions of this Section, should be removed by <br />agreeer~^': of the Issuer, the Company and the Sublessee or <br />shou?1 become unavailable or unable to take any action or <br />make any certificate provided for in this agreement, another <br />Project Manager or Alternate Project Manager shall thereupon <br />by appointed by the Sublessee. if the Sublessee fails to <br />make such designation within fifteen (15) days following the <br />date when the then incumbent becames unavailable or unable <br />to take any of said actions, the Trustee may then appoint as <br />a s*accessor any architect or engineer licensed under the <br />laws of the State of Nebraska. <br />Section 707. Recordin and Filin of Indenture, Lease <br />and Sublease. The Issuer covenants at it will_c:use this <br />In enture and all supplements hereto and the Lease, the <br />Sublease and all supplements thereto or amendments thereof <br />or appropriate notices thereof, to be kept recorded and <br />filed in such manner and in such places as may be required <br />by law in order fully to preserve and protect the security <br />of the holders and owners of :.he Bonds and the rights of the <br />Trustee hereunder. <br />Sectioi, 705. Rs fired Consent of Trustee for Chan es in <br />Lease and Sublease. T e Lease an Sub ease, a du y executed <br />counterpart of which has been filed with the Trustee, sets <br />forth the covenants and obligations of the Issuer and the <br />Company, and the Company and the Sublessee, respectively, <br />including a provision therein that subsequent to the <br />issuance of the Bonds under Article II of this Indenture and <br />prior to the payment in full or provision for the payment in <br />full of all Bonds issued and outstanding under this <br />Indenture having been made in accordance with the provisions <br />hereof, the Lease and the Sublease may not be amended, <br />changed, modified, altered or terminated (other than as <br />provided therein) without the concurring written consent of <br />the Trustee, and otherwise as provided in Article XII of <br />this Indenture, and reference is hereby made to the Lease <br />and the Sublease for a detailed statement of said covenants <br />and obligations of the Company under the Lease, and those of <br />the Sublessee under the Sublease, respectively, and the <br />Issuer agrees that the Trustee in its name or in the name of <br />the Issuer may enforce all rights of the Issuer and all <br />obligations of the Company and the Subleases under and <br />pursuant to the Lease and the Sublease, respectively, for <br />and on behalf of the Bondholders, whether or not the Issuer <br />is in default hereunder. <br />Section 709. Insurance Res actin the Project. The <br />Issuer covenants that 1t sha 1 cause al improvements <br />constituting part of the Project to be continuously insured, <br />by the Company, with reputable insurers against such risks <br />as are customarily insured against by industrial operations <br />of similar type and size, and that it will cause the Company <br />to carry and maintain or cause to be carried and maintained, <br />and to pay or cause to be paid the premiums for the <br />insurance coverages required by Article IV of the Lease. <br />53 <br /> <br /> <br />L.__ <br />
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