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201103788
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Last modified
5/25/2011 8:51:18 AM
Creation date
5/20/2011 8:35:53 AM
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DEEDS
Inst Number
201103788
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201103788 <br />principal amount of bonds outstanding hereunder, shall, by notice in writing delivered to the <br />Corporation declare the principal of all bonds hereby secured then outstanding, and the interest <br />accrued thereon, immediately due and payable. This provision is subject, however, to the <br />condition that if at any time a$er such declaration of principal and interest as immediately due, and <br />before any further action has been taken other than such declaration, the principal amount of all <br />bonds which have matured and all arrears of interest, together with the reasonable charges and <br />expenses of the Trustee, shall be paid or caused to be paid, then the registered owners of a ma.jority <br />in principal amount of the bonds then outstanding, by notice in writing delivered to the Trustee, <br />may require the Trustee to waive such default and its consequences and rescind such declaration. <br />Until it is required to make the declaration hereinabove in this Section provided, the Trustee shall <br />have power to waive any default arising hereunder i� in the opinion of the Trustee, the same shall <br />have been cured or adequate satisfaction made therefor or if the Trustee deems the declaration not <br />to be in the best interest of bondholders. No such waiver shall extend to or affect any subsequent <br />default. <br />Section 9.03. Upon the occurrence or continuation of an event of default, the <br />Trustee may on its own initiative, and shall upon the written request of the registered owners of not <br />less than fifty-one percent (51 %) in principal amount of the bonds then outstanding hereunder, and <br />upon being indemnified to its reasonable satisfaction against any and all costs, expenses, outlays, <br />counsel fees and other reasonable disbursements and against all liability, proceed to take steps <br />needful for the protection and enforcement of its rights and the rights of the holders of the bonds as <br />shall be provided by law, including causing this Indenture, as a real estate mortgage, to be <br />foreclosed in the manner prescnbed by law and/or the exercising of any rights as a secured party <br />under the Nebraska Uniform Commercial Code with respect to portions of the Project which <br />constitute personal property. The Trustee shall, to the fullest extent permitted by law, be entitled to <br />have a receiver appointed for the Project with such receiver to take possession and charge of the <br />Project during the pendency of any foreclosure proceedings and during any period permitted for <br />redemption or stay of said proceedings, to rent the Project or portions thereof and to re�ceive and <br />collect the rents, issues and profits thereof under the direction of the court and any amount so <br />collected by such receiver sha.11 be applied under the direction ofthe court to the costs and expenses <br />of receivership, expenses of insurance on the Project, expenses of management, repairs and <br />ma.intenance, taxes, assessments and on all indebtedness secured by this Indenture. The Trustee <br />shall have the right to bid at any, foreclosure sale and to abtain a judgement in respect of any <br />deficiency. To the extent that this Indenture covers both real and personal property, the Trustee <br />may, in its discretion, proceed as to both the real and personal property in accordance with the <br />Trustee's rights hereunder. To the e�ent permitted by law, the Trustee, in its discretion may <br />proceed to cause the sale of the Project in a single sale upon foreclosure including both real and <br />personal property. If the Trustee holds any additiona.l security for any of the obligations secured <br />hereby, it may enforce the terms hereof or otherwise realize upon such additional security, at its <br />option, either before or concurrently herewith or after proce,edings for the enforcement hereof and <br />may apply the proceeds upon the indebtedness secured hereby without affecting the status of or <br />waiving any right to exhaust all or any other security, including the security hereunder, and without <br />waiving any breach or default or any right or power whether exercised hereunder or contained <br />herein or in any other instrument providing for such additional security. <br />24 <br />
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