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201007863
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Last modified
10/25/2010 3:46:43 PM
Creation date
10/25/2010 3:46:41 PM
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DEEDS
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201007863
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Zoioo�s�3 <br />Sectton 10.4. Enforcement of Provisions <br />The Owncr acknowledges that one of the primary puxposes for requiring enmpliance with <br />the provisions of this Agreement is to assure compliance with Scction 42 of the Code and the <br />Program Requirements. In consideration for receiving the Subaward, the Owner hereby agrees <br />and conscnts that the Authority, the State and/or the United States of America shall be entitled to <br />enforce specific perfox�tr�ance by th� Uwner (and its successors and assigns) of its obligations <br />under this Agreement in any tribunal in the State for any and all breach af the conditions and <br />restrictions hereof vr material representations made by the Owner at any time in addition to all <br />other rem�ies expressly provid�d in this Agreement and/or by law or in equity. <br />ARTiCLE XI <br />GENERAL PROVISIONS <br />Section 11.1. Natices <br />Except as otherwise specifically provided herein, all natices, demands or other <br />communicatians hereunder shall be in writing and shall be deemed to have been given (a) two <br />(2) Business Days after being deposited in the United Statcs mail and sent by certified ar <br />r�gistered mail, postage prepaid, (b) one (1) Business Day after being delivcred to a nationally <br />recognized overnight delivery service, (c) on the day sent by telecopier or other facsimile <br />transmissian, answ�rback requested, or (d) on the day delivered personally, in each case, to the <br />parties at the addresses set forth below or at such other addresses as such parties may designate <br />by noticc to the Owner: <br />(i) If to the Authority, 123Q O Street, Suite 2Q0, Lincoln, Nebraska <br />6850$-1402 Attn: Executive Director. <br />(ii) If to the Ownec, at 4980 South 118`" Street, Omaha, Nebraska 6$137. <br />(iii) If to the Tax Credit Investor pursuant ta Section 6.3 or 10.3, at Suite 250, <br />13520 California Street, Qmaha, Nebraska 6$154. <br />Scction 11,2. Rules of Constructinn <br />Unless the context clearly indicates to the eontrary, the following rules apply ta the <br />canstruction of this Agreement: <br />(a) Words importing the singular number include the plural number and <br />words importing the plural number include the singulaz number; <br />(b) Wards of the masculine gen.der include correlative words of the feminine <br />and neuter genders, and vice-versa; <br />(c) The tablc of contents and the headings or captians used in this Agreem�nt <br />are for convenience of xcfcrence and do nat constitute a part of this Agreement, <br />nor affect its meaning, conshvction, or effcct; <br />-20- <br />4R4$-2332-1094.2 <br />
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