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<br />Section 1.26. Organization; Due Authorization. Trustor is a limited liability
<br />company, duly organized, validly existing and in good standing under the laws of the State of
<br />Nebraska, duly authorized and qualified to transact business in the State of Nebraska, and has the
<br />requisite power, authority and legal right to carry on the business conducted by it and to engage
<br />in the transactions contemplated by the Loan Documents to which it is a party. The execution
<br />and delivery of the Loan Documents to which it is a party and the performance and observance
<br />of the provisions thereof have all been authorized by all necessary actions of Trustor.
<br />Section 1.27. Liabilities; Compliance with Other Instruments. Trustor has no
<br />liabilities except hereunder and those incurred in the ordinary course of business and which are
<br />not delinquent or which are otherwise contemplated or permitted by this Deed of Trust and the
<br />other Loan Documents to which it is a party. Trustor is not in default (i) in the payment of any
<br />taxes levied or assessed against it or its assets, (ii) under any applicable statute, rule, order or
<br />regulation of any governmental authority, (iii) under this Deed of Trust or any of the other Loan
<br />Documents to which it is a party, or (iv) under any other agreement to which it is a party or by
<br />which it or any of its properties are bound.
<br />Neither the execution and delivery of this Deed of Trust or any of the other Loan
<br />Documents to which Trustor is a party, nor the consummation of the transaction herein or therein
<br />contemplated, nor compliance with the terms and provisions hereof or thereof, conflicts with or
<br />results or will result in a breach of any of the terms, conditions or provisions of the Articles of
<br />Organization or Operating Agreement of Trustor, any law, order, rule, regulation, writ,
<br />injunction or decree of any court or governmental authority, or any agreement or instrument to
<br />which Trustor is a party or by which it or any of its properties are bound, or constitutes or will
<br />constitute a default thereunder, or results or will result in the creation or imposition of any lien of
<br />any nature whatsoever upon any of its property or assets pursuant to the terms of any such
<br />agreement or instrument except the liens created or permitted by the Loan Documents to which it
<br />is a party.
<br />Section 1.28. Enforceability. This Deed of Trust and each of the other Loan
<br />Documents to which Trustor is a party have been duly executed and delivered by Trustor and
<br />constitute valid and binding obligations of Trustor, enforceable in accordance with their
<br />respective terms, except as the enforceability (but not the validity thereof) may be limited by
<br />bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting the
<br />enforcement of creditors' rights generally.
<br />Section 1.29. Pending Litigation. There are no proceedings pending or, to the
<br />knowledge of Trustor threatened, against or affecting Trustor in any court or before any
<br />governmental authority or arbitration board or tribunal which if adversely determined would
<br />materially and adversely affect the properties, business, prospects, profits or condition (financial
<br />or otherwise) of Trustor or the right or ability of Trustor to enter into the Loan Documents to
<br />which it is a party, and if any such proceedings are subsequently initiated or threatened then
<br />Trustor will promptly provide written notice to Beneficiary. Trustor is not in default with respect
<br />to any order of any court or governmental authority or arbitration board or tribunal.
<br />Section 1.30. Compliance With Law. That to the best of its knowledge, Trustor is in
<br />compliance with all laws, ordinances, governmental rules or regulations to which it is subject,
<br />including, without limitation, the Occupational Safety and Health Act of 1970, the Employee
<br />Retirement Income Security Act of 1974 and all laws, ordinances, governmental rules or
<br />regulations relating to environmental protection the violation of which would materially and
<br />adversely affect the properties, business, prospects, profits or condition (financial or otherwise)
<br />of Trustor.
<br />Section 1.31. Appointment of Successor Trustee. If Trustee shall die, be dissolved or
<br />become disqualified from acting in the execution of this trust, or shall fail or refuse to execute
<br />the same when requested by Beneficiary to do so, or if, for any reason, Beneficiary shall prefer to
<br />appoint a substitute Trustee to act instead of Trustee named herein, Beneficiary shall have full
<br />power, subject to applicable law, to appoint, by written instrument, a substitute Trustee, and, if
<br />necessary, several substitute Trustees in succession, who shall succeed to all the estate, rights,
<br />powers and duties of the original Trustee named herein. Such appointment may be executed by
<br />any authorized agent of Beneficiary, and, if Beneficiary is a corporation or limited partnership,
<br />and such appointment is executed in its behalf by any officer of such corporation or general
<br />partner of such limited partnership, such appointment shall be conclusively presumed to be
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