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<br /> 98, �,to432
<br /> any canstruction, mechanlc's or materialman's or artisan's liens against the
<br /> Collateral except for eny such liens as shall be permitted under the terms af
<br /> Scction 2.32 of tbis Mortgage, (vii) to cause the Collateral to be ma�ntained,
<br /> developed and continuously operatod as a refrigeratal warehouse facility i�n good
<br /> worirn�anlike marmer as would a prudent operator, and in accordance with
<br /> geaeraliy acceptod trade practices, any applicable operating agreements and a11
<br /> applicable foderal�state$nd local laws�rules and regulations and(viii)to perform
<br /> each of lNortgagor's obligations set fortb ia tho Outstanding Notes and Bonds,
<br /> this Mortgage� the Second AddCndum, and thc other Operative Agreements.
<br /> B, �inancial Records: Staternents: F�nancial Covqnants.
<br /> Sectlon 2,2 Mortgagar shall ubserve, perfarm and comply with all .of the cavenants,
<br /> agreements, representations and warranties contained in Section 9 and Section 12
<br /> of the Second Addendum, which are incorporated into this Secdon 2.2 by
<br /> reference as lf fully set farth herein.
<br /> G. �,o�te Exi�tence: Authoriri.
<br /> Section 2.3 Mortgagor covenants that it is a corporadon duly oiganized and validly existing
<br /> under the laws of the Stau of Georgia, is in good standing and qualified to do
<br /> business undc.r ihe laws of the State of N�braska� has power and the autlwrity to �
<br /> accept and incur the obligadons set forth herein and in the Second Addendum,the
<br /> Outstaading I�Totes and Bonds,and thc other Operative Agreements, and agrees
<br /> r� ?i � �C4 *s?tl4I i^ thA r�1^�t Qf �� *�i�r;A ge :.r.� �„�;i�r° :�n �: t�:,
<br /> indebtedness and obligadons secured hereby, i� will conduct its businesa
<br /> continuously and actively aad will keep its exiate�ee in full force and effect and
<br /> continue to epmply with all laws. rsgulations and'enactments of duly constidited
<br /> : gavexnraeatal authorities ngulating its existence.or the conduct of it��business,
<br /> ti�at it will malte all such reports, file all such statemsats acM pay all�franchiae
<br /> and other taacs, assessments, license fas and perform alt $uch other acts and , .
<br /> things as may be required in ucder W maintain its rights, licenses, leases, �
<br /> privileges, powers and franchixs under the enactments of foderal, stata or local. ,
<br /> authorities having jurisdiction over its activides. Mortgagor further coveuaata
<br /> and warrants tLat the borrowing in the amounta set forth herein and in the
<br /> Outstandin�Notes and BoMs, and the granting of the aaufr•Ity.provided for in this
<br /> Mortgage and tl�e other C�raave Agreements dq not violat� any provisions of
<br /> : Mortgagor's articles of inc�rporation or bylaws or any amendments thereto, or .
<br /> any applicable laws,nor does it constitute a breaCh or default�wder any i�entun
<br /> or other agrament or instrurnent to wluch Mortgagor is a party or by which
<br /> Mortgagor or the Collateral may Me bound or affec,ted. Mortgagor further
<br /> covenants aud warrants that by Appropriate corporate action,the signatories to the ,
<br /> Outstanding Notes and Bonds and this Mortgage bave ban authorized fur and on
<br /> behalf of the Mortgagor to executc said docwnents, together with all other
<br /> AMBNOFD AND RBSTA7ED MOR7YlA06 •
<br /> (Oned hYnd.Hobn�u) 9 •
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