(e) "Obligations" means all of the agreements, covenants, conditions,
<br />warranties, representations and other obligations (other than to repay the Indebtedness)
<br />made or undertaken by Grantor or any other Person to Beneficiary or others as set forth
<br />in the Loan Documents.
<br />(f) "Person" means any individual, sole proprietorship, partnership, joint
<br />venture, trust, unincorporated organization, association, corporation, limited liability
<br />company, institution, public benefit corporation, other entity or government (whether
<br />federal, state, county, city, municipal, local, foreign, or otherwise, including any
<br />instrumentality, division, agency, body or department thereof).
<br />(g) "Permitted Liens" means the First Lien and Liens for taxes, assessments
<br />or similar charges incurred in the ordinary course of business that are not yet due and
<br />delinquent including, but not limited to real estate taxes and installments of official
<br />assessments which are not yet due and payable.
<br />(h) "Tenants" means all tenants under the Leases, if any.
<br />(i) "UCC" means the Uniform Commercial Code of Nebraska or, if the
<br />creation, perfection and enforcement of any security interest herein granted is governed
<br />by the Laws of a state other than the State of Nebraska, then, as to the matter in
<br />question, the Uniform Commercial Code in effect in that state.
<br />ARTICLE 2
<br />GRANT
<br />2.1 Grant. To secure the full and timely payment of the Indebtedness and the full
<br />and timely performance of the Obligations, Grantor hereby GRANTS, BARGAINS, SELLS,
<br />CONVEYS and ASSIGNS to Trustee (and with respect to any portions of the Mortgaged
<br />Property that constitute personal property, to Beneficiary) the Mortgaged Property subject,
<br />however, to the Permitted Liens; TO HAVE AND TO HOLD the Mortgaged Property, IN TRUST,
<br />WITH POWER OF SALE, and Grantor does hereby bind itself, its successors and assigns to
<br />WARRANT AND FOREVER DEFEND the title to the Mortgaged Property unto Trustee and
<br />Beneficiary and their respective successors, substitutes and assigns.
<br />ARTICLE 3
<br />WARRANTIES, REPRESENTATIONS AND COVENANTS
<br />Grantor warrants, represents and covenants to Beneficiary as follows:
<br />4
<br />201502"750
<br />3.1 Title to Mortgaged Property and Lien of this Instrument. Grantor has fee simple
<br />title to the Mortgaged Property free and clear of all Liens, except the Permitted Liens. Subject to
<br />the Permitted Liens, this Deed of Trust creates a valid, enforceable and perfected Lien and
<br />security interest against the Mortgaged Property. Grantor has the full power, authority and right
<br />to execute, deliver and perform its obligations under this Deed of Trust.
<br />3.2 Lien Status. Grantor shall preserve and protect the perfected Lien and security
<br />interest status of this Deed of Trust and the other Loan Documents. If any Lien other than the
<br />Permitted Liens is asserted against the Mortgaged Property, Grantor shall promptly, and at its
<br />expense, (a) give Beneficiary a detailed written notice of such Lien (including origin, amount and
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