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201000751
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Last modified
2/3/2010 3:02:47 PM
Creation date
2/3/2010 2:59:05 PM
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DEEDS
Inst Number
201000751
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201000751 <br />Default. Unless and until Agent accepts any proposed cure of an Event of Default, such Event of <br />Default shall be deemed to be continuing for purposes of this Deed of Trust, the Credit <br />Agreements and each other Lender Agreement. <br />32. Governin Law etc. THIS MORTGAGE SHALL BE GOVERNED BY, AND <br />CONSTRUED IN ACCORDANCE WITH, THE INTERNAL ~,A,WS OF THE STATE OF <br />NEBRASKA; PROVIDED, HOWEVER, THAT THE CREDIT AGREEMENT IS, BY ITS <br />TERMS, GOVERNED BY THE INTERNAL LAWS OF THE STATE OF <br />MASSACHUSETTS AS PROVIDED THEREIN, AND, IN THE EVENT THAT IT <br />BECOMES NECESSARY, IN CONNECTION WITH THE ENFORCEMENT OF THIS <br />DEED OF TRUST OR OTHERWISE, TO CONSTRUE OR ENFORCE THE AGENT <br />OBLIGATIONS (WHICH AGENT OBLIGATIONS ARE SECURED BY THIS <br />MORTGAGE), THE CREDIT AGREEMENTS SHALL BE CONSTRUED AND <br />ENFORCED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF <br />MASSACHUSETTS, <br />33. Certain Definitions. Unless the context clearly indicates a contrary intent or <br />unless otherwise specifically provided herein, words used in this Deed of Trust shall be used <br />interchangeably in singular or plural Form and the word "Mortgagor" shall mean "each <br />Mortgagor or any subsequent owner or owners of the Mortgaged Property or any part thereof or <br />interest therein", the word "Agent" shall mean "Agent or any successor agent for the Lenders", <br />and the words "Mortgaged Property" shall include all or any portion of the Mortgaged Property <br />or interest therein. Whenever the context may require, any pronouns used herein shall include <br />the corresponding masculine, feminine ar neuter forms, and the singular form of nouns and <br />pronouns shall include the plural and vice versa, The captions in this Deed of Trust are for <br />convenience or reference only and in no way limit or amplify the provisions hereof. <br />34. Certain Matters Relatin to Mori a ed Pro ert .Notwithstanding anything <br />contained herein to the contrary: <br />(a) Princi les of Construction. In the event of any inconsistencies between the <br />terms and conditions of this Section 34 and the terms and conditions of this Deed of <br />Trust, the terms and conditions of this Section 34 shall control and be binding. <br />(b) Int zest After,Default. If any payment due hereunder or pursuant to the <br />Credit Agreements or any other Lender Agreement by Mortgagor is not paid when due, <br />either at stated or accelerated maturity or pursuant to any of the terms hereof, then, and in <br />such event, Mortgagor shall pay interest thereon from and after the date on which such <br />payment first becomes due at the interest rate provided for in the Credit Agreements and <br />such interest shall be due and payable, an demand, at such rate until the entire amount <br />due is paid to Agent, whether ar not any action shall have been taken or proceeding <br />commenced to recover the same or to foreclose this Deed of Trust. Nothing in this <br />Section 34 or in any other provision of this Deed of Trust shall constitute an extension of <br />the time of payment of the Loans. After entry of a judgment on either Credit Agreement, <br />ar any other Lender Agreement or a judgment in mortgage foreclosure hereunder, interest <br />shall continue to accrue under this Deed of Trust at the rates set forth in the Credit <br />Agreements. This Deed of Trust shall not, solely for purposes of determining interest <br />L1BD/1907386.1 19 <br />
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