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2000 -x.80 <br />(p) The Premises are included in one or more tax parcels which pertain <br />exclusively to the Premises and do not include any other property which is not subject to the <br />Trust Deed. <br />(q) The Premises are improved with a retail building and site <br />improvements and all required related parking and has frontage on, and direct access for ingress <br />and egress to 1804 N. Diers Avenue, Grand Island, Nebraska. <br />(r) All utility services necessary for the use and occupancy of the <br />Premises, including water, storm drains, sewers, gas, electric and telephone facilities are available <br />at the boundaries of the Premises. <br />(s) All public streets and rights of way for the use and occupancy of the <br />Premises have been completed. <br />(t) Kelly & Cohen Appliances, Inc. has good and clear record and <br />marketable title in fee to the Premises subject to no Liens, encumbrances or restrictions other than <br />Permitted Encumbrances stated in Exhibit B hereof. <br />SECTION 8.2 CONTINUING OBLIGATION. Borrower further warrants <br />and represents that all statements made hereunder are true and correct in all material respects and <br />that all financial statements, data and other information provided to American Family by <br />Borrower relating to this transaction do not contain any false or misleading statements with <br />respect to any material facts, or omit any material facts necessary in order to make any statements <br />contained therein not false or misleading in any material respect, and since such statements, data <br />or information were provided there has been no material change thereto or to the condition of <br />Borrower or the Premises. Should Borrower subsequently obtain Knowledge that any statement <br />or representation was or is untrue, Borrower shall immediately notify American Family as to the <br />untrue nature of said representation and take appropriate action as may be necessary to cause such <br />representation to become true. <br />ARTICLE 9 <br />THE TRUSTEE <br />SECTION 9.1 DUTIES AND OBLIGATIONS OF THE TRUSTEE. <br />(a) The duties and obligations of Trustee shall be determined solely by <br />the express provisions of this Trust Deed and of the Act. Trustee shall not be liable except for <br />the performance of such duties and obligations as are specifically set forth herein and in the Act, <br />and no implied covenants or obligations shall be imposed upon Trustee. <br />43 <br />