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SUBJECT to the covenants and conditions hereinafter set forth. 201508663 and to the Mortgaged Property, or any part thereof, and any and all other property of every kind and nature from time to time hereafter (by delivery or by writing of any kind) conveyed, pledged, assigned or transferred as and for additional security hereunder by the Borrower or by anyone on behalf of the Borrower to the Trustee on behalf of the Lender; TO HAVE AND TO HOLD the Mortgaged Property, and all the estate, right, title and interest, in law and in equity, of Borrower in and to the Property unto the Trustee for the benefit of the Lender, its successors and assigns, forever in trust, for the uses and purposes hereinafter set forth, possession of the Mortgaged Property being hereby granted and conveyed to the Trustee; subject, however, to (i) those Permitted Exceptions and encumbrances which the Lender has approved in the Loan Agreement or otherwise approved in writing, (ii) the liens and security interests evidenced by this Mortgage, (iii) statutory liens for real estate taxes and assessments on the Property which are not yet delinquent, (iv) other liens and security interests (if any) in favor of Lender, (v) the grant of utility or access easements to public or private utilities or governmental authorities, and (vi) the grant in the ordinary course of business of a leasehold interest in a part of the property to a tenant for occupancy, not containing a right or option to purchase and not in contravention of any Loan Document (collectively, (the "Permitted Encumbrances "); UPON CONDITION that, subject to the terms hereof and until the occurrence of an Event of Default hereunder, the Borrower shall be permitted to possess and use the Mortgaged Property; PROVIDED, NEVERTHELESS, that if (i) the Borrower shall pay and perform in full when due the Debt and shall duly and timely perform and observe all of the covenants and conditions herein and in the other Loan Documents required to be performed and observed by the Borrower, and (ii) the Lender shall have no further obligation to make any further disbursements of the Loan to or for the benefit of Borrower under the provisions of the Loan Agreement, then the Trustee or Lender shall execute and deliver to the Borrower such instruments as may be reasonably requested by the Borrower which are sufficient to release this Mortgage. 51668048.5 THE BORROWER FURTHER COVENANTS AND AGREES AS FOLLOWS: 1. Representations of Borrower. Borrower hereby represents and warrants to the Trustee and Lender as follows: (a) Borrower (i) is a limited liability company duly formed and validly existing under the laws of the State of Missouri and has complied with all conditions prerequisite to its doing business in the State of Missouri and the State of Nebraska; (ii) has the power and authority to own its property and to carry on its business as now being conducted; (iii) is qualified to do business in every jurisdiction in which the nature of its business or its property makes such qualification necessary; and (iv) is in compliance with all laws, regulations, ordinances and orders of public authorities applicable to it. 5