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200003380 <br />conferred upon the Mortgagee under this Mortgage or the other Operative <br />Agreements. <br />Section 2.9 Mortgagor represents and warrants to the Mortgagee that Mortgagor has fee <br />simple title and interest to the Collateral free of all encumbrances except for <br />the interest and encumbrance provided for in the Existing Mortgages, which <br />Existing Mortgages shall remain superior to this Mortgage, and except for <br />the Permitted Leases, all of which are and shall be subordinate to this <br />Mortgage, and except for covenants, easements and reservations set forth <br />on Exhibit "C" attached hereto (all of such encumbrances are hereinafter <br />collectively referred to as the "Permitted Liens "). Mortgagor hereby <br />covenants and warrants that it will defend title to the Collateral against the <br />claims of all persons, subject only to the Permitted Liens, and that Mortgagor <br />has the power and authority to execute this Mortgage. <br />H. Insurance. <br />Section 2.10 Mortgagor shall observe, perform and comply )With all of the covenants, <br />agreements, representations and warranties contained in Section 12.11 of <br />the 2000 Note Purchase Agreement, which are incorporated into this <br />Section 2.10 by reference as if fully set forth herein. <br />Section 2.11 All policies required by Section 2.10 shall (i) be issued by companies duly <br />qualified to do such business in the State of Nebraska, (ii) be subject to the <br />approval of Mortgagee as to the insuring companies, amount, content and <br />forms of policies and expiration dates, (iii) contain a Non - Contributory <br />Standard Mortgagee Clause and the Lender's Loss Payable Endorsement <br />(I.S.O. Form C.P. 1218), or their equivalents, in favor of Mortgagee, (iv) <br />provide that the proceeds thereof shall be payable to Mortgagee (to the full <br />extent of its interest), and (v) provide that it cannot be reduced as to <br />coverage or cancelled without thirty (30) days prior written notice to <br />Mortgagee. <br />Section 2.12 Upon the delivery of this Mortgage, Mortgagor shall provide evidence that <br />the insurance required under Section 2.10 is in effect in the form of a <br />certificate or binder satisfactory to Mortgagee. Mortgagor shall, upon written <br />request of Mortgagee, furnish to Mortgagee the original of each policy <br />required under Section 2.10 and without request, at least thirty (30) days <br />prior to expiration of any such policy, proof of issuance or commitment for <br />the issuance of a policy continuing in force the coverage provided by the <br />expiring policy in the form of a certificate or binder. In the event Mortgagor <br />shall fail to maintain , the insurance coverage required by this Mortgage, <br />Mortgagee may (but shall be under no obligation to) take out the required <br />policies of insurance and pay the premiums on the same or may make such <br />repairs or replacements as are necessary and provide for payment thereof; <br />2000 MORTGAGE <br />(Grand Island, Nebraska) <br />11 <br />