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200003380
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Last modified
10/13/2011 12:41:29 PM
Creation date
10/20/2005 8:17:38 PM
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DEEDS
Inst Number
200003380
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200003380 <br />(c) Payment of all future advances, if any, made by Mortgagee to <br />Mortgagor pursuant to the provisions of this Mortgage, the 2000 Note <br />Purchase Agreement or any of the other Operative Agreements, or <br />otherwise for purposes of protecting the Collateral as security; and <br />(d) Performance of all of Mortgagor's obligations as set forth in this <br />Mortgage, in the 2000 Notes, in the 2000 Note Purchase Agreement, <br />and in the other Operative Agreements, and any amendments, <br />modifications, extensions or replacements hereof or thereof. <br />II. COVENANTS OF MORTGAGOR. <br />A. Condition and Operations of Collateral. <br />Section 2.1 Mortgagor agrees (i) to keep the Collateral in good condition and repair, (ii) <br />not to commit or permit any waste or deterioration of the Collateral, (iii) not to <br />commit or permit any removal, demolition or substantial alteration of the <br />Collateral except for such alterations as maybe required by any law, <br />ordinance, rule, regulation or order of any governmental authority having <br />jurisdiction over the Collateral and except for replacement of machinery and <br />equipment in the ordinary course of operations made in accordance with <br />Section 2.31 of this Mortgage, (iv) to complete in good and workmanlike <br />manner any construction or restoration which may be performed on the <br />Collateral, (v) to promptly restore any portion of the Collateral which may be <br />damaged or destroyed, (vi) not to permit any construction, mechanic's or <br />materialman's or artisan's liens against the Collateral except for any such <br />liens as shall be permitted under the terms of Section 2.32 of this Mortgage, <br />(vii) to cause the Collateral to be maintained, developed and continuously <br />operated as a refrigerated warehouse facility in good workmanlike manner <br />as would a prudent operator, and in accordance with generally accepted <br />trade practices, any applicable operating agreements and all applicable <br />federal, state and local laws, rules and regulations and (viii) to perform each <br />of Mortgagor's obligations set forth in the 2000 Notes, this Mortgage, the <br />2000 Note Purchase Agreement, and the other Operative Agreements. <br />B. Financial Records: Statements: Financial Covenants. <br />Section 2.2 Mortgagor shall observe, perform and comply with all of the covenants, <br />agreements, representations and warranties contained in Section 9 and <br />Section 12 of the 2000 Note Purchase Agreement, which are incorporated <br />into this Section 2.2 by reference as if fully set forth herein. <br />2000 MORTGAGE <br />(Grand Island, Nebraska) <br />X <br />
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