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201005654 <br />6. If Borrower fails to perform the covenants and agreements herein contained, Lender may do and pay far whatever is <br />necessary to protect the value of the property and Lender's rights in the property, including the paying of any sum secured by a lien <br />which has priority over this security instrument, appearing in Court, paying reasonable attorney fees and entering the property to make <br />repairs. Any amount disbursed by Lender under this paragraph shall become an additional debt of Borrower secured by this security <br />instrument, to bear interest from the date of disbursement and said amount, together with the lien unpaid principal amount, shall bear <br />interest at the highest lawful rate until refunded by Borrower. <br />7. The proceeds of any condemnation award sire hereby assigned and shalll~e'paid'~~ Lender and shall be applied to the sums <br />secured by this security instrument, whether or not then due, with any excess paid to Borrower. <br />8. Any extensions or modifications of the loan granted by Lender to any successor in interest of Borrower shall not operate to <br />release the liability of the original Harrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or <br />remedy shall not be a waiver of or preclude the exercise of any right or remedy. <br />9. Any notice to Borrower provided for in this security instrument shall be given by delivering it or by mailing it by first class <br />mail unless Nebraska I,aw requires use of another method, at the Borrower's last known address. <br />10. This security instrument and the note which it secures shall be governed by Nebraska Law. <br />11. Lender shall give notice to Harrower fallowing Borrower's breach of any covenant ar agreement in this security <br />agreement, the loan agreement, and the note which it secures. The notice shall specify (a) the default, (b) the action required to cure <br />the default, (c) a date not less than 30 days from the date the notice is given to Borrower by which the default must be cured, and (d) <br />that failure to cure the default on or before the date specified in the notice may result in acceleration of the sum secured by this security <br />agreement and resale of the property. The notice shall further inform borrower of the right to reinstate, after acceleration, and the right <br />to bring a court action to assert the nonexistence of a default or any other defense of Borrower to acceleration and sale. If default is <br />not cured, on or before the date specified in the notice, Lender, at its option, may require immediate payment in full of all sums secured <br />by this Security agreement without further demand and may invoke the power of sale and any other remedies permitted by Nebraska <br />Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph, including but not. <br />limited to reasonable attorney fees and costs of title evidence. <br />1?. Standstill Restrictions. So long as Nebraska Fund ~V, L.P. (or an AfTiliate thereof) is the Investor Member of Borrower, <br />Lender will not commence (i) foreclosure proceedings with respect to the Property under the Loan Documents or exercise any other <br />rights or remedies it may have under the Loan Documents, including, but not limited to, accelerating the Loan, collecting rents, <br />appointing (ar seeking the appointment of) a receiver or exercising any other rights or remedies thereunder, or (ii) join with any other <br />creditor in commencing any bankruptcy reorganization, arrangement, insolvency or liquidation proceedings with respect to the <br />Borrower (the "Standstill Restrictions"). The Standstill Restriction shall only be applicable during the "Tax Credit Compliance <br />Period", as that term is defined in Section 42 of the Internal Revenue Code. <br />13. If the power of sale is invoked, 'Trustee shall record a notice of default in each county in which any part of the property is <br />located and shall mail copies of such notice in the manner prescribed by Nebraska law. Trustee shall give public notice of sale to the <br />persons and in the manner prescribed by Nebraska law. Trustee, without demand on Borrower, shall sell the property at public auction <br />to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order <br />'Trustee determines. 'I"rustee may postpone sale of all or any parcel of the property by public announcement at the time; and place of <br />any previously scheduled sale. Lender or its designee may purchase the property at any sale. <br />Upon receipt of payment of the price bid, 'Trustee shall deliver to the purchaser Trustee's Deed conveying the property. 't'he <br />recitals in the Trustee's Deed shall be prima facie evidence of the truth of the statements made therein. 'trustee shall apply the <br />proceeds of sale in the following order: (a) to all expenses of the sale including, but not limited to, "T'rustee's fees as permitted by <br />