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201005525 <br />waiving or releasing Grantor from any obligation in this lleed of Trust contained, remedy such <br />failure, and the Grantor agrees to repay upon demand all sums incurred by the Beneficiary in <br />remedying any such failure together with interest at the then rate in effect on the Notes. All such <br />sums, together with interest as aforesaid shalt become so much additional Indebtedness Secured <br />Hereby, but no such advance shall be deemed to relieve the Grantor from any default hereunder. <br />ARTICLE, VYII <br />MISCELLANEOUS <br />Section 8A1. Property Deemed Real Property. It is hereby declared to be the <br />intention of the Grantor that all rights of way and easements granted or given to the Grantor ar <br />obtained by it to use real property in connection with the construction, acquisition, ownership, <br />use or operation of the buildings or improvements located on the Land, and all other property <br />physically attached to any of the foregoing, including txtuxes now or in the future attached to any <br />of the foregoing, shall be deemed to be real property. <br />Section 8.02. lleed of Trost to Bind and Benefit Successors. and Assigns. All of~ the <br />covenants, stipulations, promises, undertakings and agreements herein contained by or an behalf <br />of the Grantor shall bind its successors and assigns, whether so specified or not, and all titles, <br />rights and remedies hereby granted to or conferred upon the Beneficiary shall pass to and inure to <br />the benefit of the successors and assigns of the Beneficiary. The Grantor hereby agrees to <br />execute such consents, acknowledgments and other instruments as may be requested by the <br />Beneficiary in connection with the assignment, transfer, convey, hypothecation or pledge of the <br />rights or interests of the Beneficiary hereunder or under the Credit Agreements or in and to any <br />of the Trust Estate. <br />Section 8.Q3. 1Nleadings. The descriptive headings of the various articles and sections of <br />this Deed of Trust were formulated and inserted for convenience only and shall not be deemed to <br />affect the meaning or construction of any of the provisions hereof. <br />Section S.Q4. Notices. All demands, notices, reports, approvals, designations or <br />directions required or permitted to be given hereunder shall be in writing and shall be deemed to <br />be properly given if sent by registered or certified mail, postage prepaid, or delivered by hand, or <br />sent by faesirnile transmission, receipt confirmed, addressed to the proper party or parties at the <br />following address: <br />As to the Grantor: <br />Aurora Coo erative Elevator Cam an <br />605 12th Street <br />Aurora NE 68818 <br />Attention: Geor a Hohwieler/l'resident <br />Tole hone No: 402 694-2106 <br />Fax No: 402 694-2060 <br />21 <br />