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20001.178 <br />NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable <br />consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto <br />agree as follows: <br />I. Lessee represents and warrants to Lender as follows: <br />A. Lessee has accepted possession and is in occupancy of the Leased Premises <br />pursuant to the terms of the Lease, and the Lease is in full force and effect. <br />B. The improvements and space required to be furnished according to the Lease have <br />been completed in all respects, all amounts owing from Lessor to Lessee in <br />connection with delivery and construction of the Leased Premises (including, <br />without limitation, tenant improvement costs, liquidated damages, and charges for <br />construction delays) have been paid, and Lessee hereby waives any and all rights <br />and remedies which Lessee may have against Lessor (including, without <br />limitation, any right to terminate the Lease) as a result of any breach by Lessor of <br />any of its obligations under the Lease relating to the delivery, construction or <br />condition of the Leased Premises. <br />C. Lessor has done everything that it promised to do in order to induce Lessee to <br />enter into the Lease. All conditions to the commencement of the Lease have been <br />satisfied. There are no concessions or inducements which have been promised by <br />Lessor or any other party to Lessee other than as set forth in the Lease. <br />D. The Lease as described above has not been further modified, altered or amended, <br />except as follows: that certain First Amendment to Lease dated as of November 1, <br />2000 by and between Lessor and Lessee. <br />E. There are no offsets or credits against rentals, nor have rentals been prepaid. <br />F. Rental commenced to accrue on May 20, 1998, current monthly rent is $5,786.90, <br />and there is currently no outstanding unpaid rent. The primary Lease term <br />commenced on May 20, 1998, and expires on December 31, 2012. <br />G. Lessee has no notice of a currently effective assignment, hypothecation or pledge <br />of rents on the Lease to any party other than Lender and the lender (if any) whose <br />loan is being repaid upon the closing of the Loan. <br />H. The Lease does not contain, and Lessee does not have, an outstanding option to <br />extend or renew the term of the Lease. <br />I. Lessee has no claim to or interest in the Leased Premises, legal or equitable, or <br />any contract or option therefor other than as a lessee under the Lease. The Lease <br />does not contain, and Lessee does not otherwise have, an outstanding option to <br />purchase the Leased Premises. <br />J. Sufficient parking facilities for the Leased Premises are located on the Property. <br />01-289042.3A <br />Grand Island, NE 2 <br />