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201005559 waiving or releasing Grantor from any obligation in this Deed of 'Trust contained, remedy such failure, and the Grantor agrees to repay upon demand all sums incurred by the Beneficiary in remedying any such failure together with interest at the then rate in effect nn the Notes. All such sums, together with interest as aforesaid shall become so much additional Indebtedness Secured Hereby, but no such advance shall be deemed to relieve the Grantor from any default hereunder. ARTICLE VIII MISCELLANEOUS Section 8.U1. Property Deemed Real Property. It is hereby declared to be the intention of the Grantor that all rights.of way and easements granted or given to the Grantor or obtained by it to use real property in connection with the construction, acquisition, ownership, use or operation of the buildings or improvements located on the Land, and all other property physically attached to any of the foregoing, including fixtures now ar in the future attached to any of the foregoing, shall be deemed to be real property. Section 8.U2. Deed of Trust to Bind and Benefit Successors, and Assigns. All of the covenants, stipulations; promises, undertakings and agreements herein contained by ar on behalf of the Grantor shall bind its successors and assigns, whether so specified or not, and all titles, rights and remedies hereby granted to or conferred upon the Beneficiary shall pass to and inure to the benefit of the successors and assigns of the Beneficiary. The Grantor hereby agrees to execute such consents, acknowledgments .and other instruments as may be requested by the Beneficiary in connection with the assignment, transfer, convey, hypothecation or pledge of the rights or interests of the Beneficiary hereunder or under the Credit Agreements or in and to any of the Trust Estate. Section 8.03. Headings. The descriptive headings of the various articles and sections of this Deed of Trust were formulated and inserted for convenience only and shall not be deemed to affect the meaning ar construction of any of the provisions hereof. Section 8.04. Notices. All demands, notices, reports, approvals, designations or directions required or permitted to be given hereunder shall be in writing and shall be deemed to be properly given if sent by registered o.r certified mail, postage prepaid, or delivered by hand, or sent by facsimile transmission, receipt confirmed, addressed to the proper party ar parties at the following address: As to the Grantor: Aurora Coo erative Elevator Com an 605 12th Street Aurora NE 68818 Attention: Gear ~ Hohwieler/President Tele hone No: 402 694-2106 Fax No: 402 694-2060 zt