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201502075
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Last modified
4/14/2015 12:08:16 PM
Creation date
4/3/2015 4:18:23 PM
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DEEDS
Inst Number
201502075
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Missouri, 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. Trustor is in compliance with all laws, <br />ordinances, governmental rules or regulations to which it is subject, including, without <br />limitation, the Occupational Safety and Health Act of 1970, the Employee Retirement Income <br />Security Act of 1974 and all laws, ordinances, governmental rules or regulations relating to <br />16 <br />
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