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-200011176 <br />Documents; (e) the repayment of all sums now or hereafter owing to Lender by Borrower <br />pursuant to any instrument which recites that it is secured hereby; and (f) the repayment of all <br />sums now or hereafter owing to Lender under or in connection with GE Capital Loan No. 050- <br />0000642 -001, GE Capital Loan No. 050- 0000646 -001, GE Capital Loan No. 050- 0000800 -001, <br />GE Capital Loan No. 050- 0000801 -001, GE Capital Loan No. 050- 0000805 -001, GE Capital <br />Loan No. 050- 0000807 -001, GE Capital Loan No. 050- 0002255 -001, GE Capital Loan No. 050- <br />0002257 -001, GE Capital Loan No. 050- 0002283 -001, GE Capital Loan No. 050- 0002293 -001 <br />and GE Capital Loan No. 050- 0002320 -001. The indebtedness and obligations described in <br />clauses (a) -(f) above are collectively referred to herein as the "Indebtedness." The Note, this <br />Instrument, and all other documents evidencing, securing or guaranteeing the Indebtedness <br />(except the Environmental Indemnity Agreement), as the same may be modified or amended <br />from time to time, are referred to herein as the "Loan Documents." The terms of the Note <br />secured hereby may provide that the interest rate or payment terms or balance due may be <br />indexed, adjusted, renewed, or renegotiated from time to time, and this Instrument shall continue <br />to secure the Note notwithstanding any such indexing, adjustment, renewal or renegotiation. <br />Borrower represents and warrants that Borrower has good, marketable and insurable title <br />to, and has the right to grant, convey and assign an indefeasible fee simple estate in, the <br />Premises, Improvements, Rents and Leases, and the right to convey the other Property, that the <br />Property is unencumbered except as disclosed in writing to and approved by Lender prior to the <br />date hereof, and that Borrower will warrant and forever defend unto Trustee the title to the <br />Property against all claims and demands, subject only to the permitted exceptions set forth in <br />Schedule 1 attached hereto. <br />Borrower represents, warrants, covenants and agrees for the benefit of Lender as follows: <br />1. PAYMENT OF PRINCIPAL AND INTEREST. Borrower shall promptly <br />pay when due the principal of and interest on the Indebtedness, any prepayment and other <br />charges provided in the Loan Documents and all other sums secured by this Instrument. <br />2. IMPOUNDS FOR TAXES, INSURANCE AND OTHER CHARGES. <br />Except as is hereinafter provided with respect to the impounding of such payments by Lender <br />following the occurrence of an Event of Default, Borrower shall pay or cause to be paid when <br />due, prior to delinquency, all annual real estate taxes, insurance premiums, assessments, water <br />and sewer rates, ground rents and other charges (herein "Impositions ") payable with respect to <br />the Property. Upon the occurrence of an Event of Default (hereinafter defined), and at Lender's <br />sole option at any time thereafter, Borrower shall pay in addition to each monthly payment on <br />the Note, one - twelfth of the annual Impositions (as estimated by Lender in its sole discretion), to <br />be held by Lender without interest to Borrower, for the payment of such Impositions (such <br />payments being referred to herein as "Impounds "). <br />Upon the occurrence of an Event of Default (hereinafter defined), and at Lender's sole <br />option at any time thereafter, annually during the term of this Instrument, Lender shall compare <br />the Impounds collected to the Impositions paid or to be paid. If the amount of such Impounds <br />held by Lender at such time shall exceed the amount deemed necessary by Lender to provide for <br />the payment of Impositions as they fall due, if no Event of Default shall have occurred and be <br />continuing, such excess shall be at Borrower's option, either repaid to Borrower or credited to <br />4 <br />01- 288814.04 <br />Grand Island, NE <br />