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201903152 <br />trust, bank loan or credit agreement or other instrument to which the Trustor <br />is a party or by which the Trustor is bound; <br />D. That save and except for taxes and assessments which are to be paid as <br />specified herein, Trustor will not create or suffer to permit to be created, <br />subsequent to the date of the execution and delivery of this Deed of Trust, <br />any lien or encumbrance upon the Mortgaged Property which shall be or <br />may become superior hereto; <br />E. That as of the date of execution of this Deed of Trust is the legal owner of <br />all of the Mortgaged Property; <br />F. That Trustor is duly authorized to do business in the State of Nebraska. <br />G. That the Trustor covenants and agrees to fully and promptly pay the <br />principal and all interest payable under the Note when and as the same <br />becomes due, whether at the stated maturity thereof, or by acceleration, call <br />for redemption, or otherwise, and to fully and promptly perform all other <br />covenants and agreements required to be performed by the Trustor under the <br />Note and the Loan Documents. <br />H. That Trustor shall pay or shall cause to be paid when due all utility charges <br />which are incurred by Trustor for the benefit of the Mortgaged Property or <br />which may become a charge or lien against the Mortgaged Property for gas, <br />electricity, water or sewer services furnished to the Mortgaged Property and <br />all other assessments or charges of a similar nature, whether public or <br />private, affecting or related to the Mortgaged Property or any portion <br />thereof. <br />I. That it confirms, will abide by and is liable for all representations, <br />warranties, covenants and agreements of the several Loan Documents. <br />Section 3.14 - Due on Sale or Encumbrance. In the event that without first obtaining <br />the written consent of the Beneficiary, which consent may be granted, withheld or conditioned <br />by Beneficiary in Beneficiary's sole discretion, there shall be any (i) transfer, sale, <br />conveyance or lease (except leases of space in the Mortgaged Property as specifically <br />permitted under the Loan Agreement) of all or any part of the interest of the Trustor in the <br />Mortgaged Property or any part thereof, whether voluntarily or by operation of law, or (ii) <br />transfer, sale, conveyance, pledge or encumbrance of any member interests in Trustor, except <br />the appointment of any successor trustee for any membership interest owned by a trustee or <br />the transfer, sale, conveyance, pledge or encumbrance of any manager interest in Trustor <br />except for the appointment of any successor manager identified in the Trustor's Operating <br />Agreement or (iii) mortgage, pledge, encumbrance or lien to be outstanding against the <br />Mortgaged Property, or any portion thereof, or any security interest to exist therein, (except as <br />created by this Deed of Trust and the other documents which secure the Note, and except <br />Permitted Encumbrances), the entire amount secured hereby shall become immediately due <br />and payable without notice at the option of the Beneficiary and failure to exercise such option <br />20 <br />