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201007637
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Last modified
1/11/2011 2:32:48 PM
Creation date
10/18/2010 2:48:20 PM
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DEEDS
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201007637
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20iO4���r <br />afforded by applicable law, and each shall be cumulative and may be exercised concurrently, <br />independently, or successively, in any order. <br />Sectiou 10.3. Third-Pa Ri hts ta Notice and Cure <br />Th� Authority shall provide the Tax Credit Investax and the Lender with a copy af any <br />written notice of default provided ta the Owner pursuant to the terrns of this Article XI. The <br />Authority hereby agrees that any cure of any default made or tendered by the Tax Credit Investor <br />ar the Lender shall be deemed to be a cure by the Ovvner and shall be accepted or rejected on the <br />same basis as if such cure w�rc mad� or tendered by the �wner. <br />Section 10.4. Enforcement of Provisions <br />The Owner acknawledges that one of the primary purposes for requiring compliance with <br />the provisions of this Agreernent is to assure carnpliance vvith Section 42 of the Code and the <br />Program Requirements. In consideration for receiving the Subaward, the Owner her�by agrees <br />and consents that the Authority, the State and/or the United States af America shall be entitled ta <br />enforce specifrc performance by the Owner (and its successors and assigns) of its obligations <br />under this Agreement in any tribunal in the State for any and all brcach of the conditions and <br />restrictions hereaf or material representations made by the Qwner at any time in addition to all <br />other remedies expressly provided in this Agreement a,nd/or by law or in equity. <br />ARTICLE X� <br />GENERAL PROVISIONS <br />Sectian 11.1. Notices <br />Except as otherwise specifically provided herein, all notices, demands or other <br />cornrnunications hercunder shall be in writing and shall be deemed to have been given (a) twa <br />(2) Business Days after being deposited in the United States mail and sent by certificd or <br />registered mail, postage prepaid, (b) one (1) Business Day after being delivered to a nationally <br />recognized avernight delivery service, (c) on the day sent by telecoprer or other facsimile <br />transmission, answerback requested, or (d) on the day delivered personally, in each case, to the <br />parties at the addresscs set forth below or at such other addr�sses as such parties may desi,�nate <br />by notice to the Owner: <br />(i) If to the Authority, 1230 � Street, Suite 200, Lincoln, Nebraska <br />68508-1402 Attn; Executive Director, <br />(ii) rf to the Owner, at 2604 26"' Avenue, P.O. Box 335, Central City, <br />Nebraska 6$826. <br />(iii) If to the Tax Credit Investor pursuant to Section 6.3 or 10.3, at 13520 <br />California Street, Suite 250, Omaha, Nebraska 68l 54, <br />(iv) If to the Lender pursuant ta Section 6.3 or 10.3 at P.O. Box 447, 10841 <br />North 1�2nd Street, Waverly NE 68462. <br />-20- <br />asa6-69z3_� ab�.3 <br />
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