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200305579 <br />(i) the Grantor is the owner of the fee simple interest in the <br />Land and the Improvements, free from all Liens, security interests, Leases, <br />charges or encumbrances whatsoever, except the Permitted Property <br />Liens; <br />(ii) the Grantor is the owner of the other Trust Property, free <br />and clear of all Liens, except the Permitted Property Liens; <br />(iii) the Grantor has good and lawful right to convey the Trust <br />Property to the Beneficiary without the consent of any Person other than <br />those consents which have been obtained; <br />(iv) the Lien created by this Deed of Trust constitutes a valid, <br />binding and enforceable first Lien on the Trust Property, subject only to <br />the Permitted Property Liens; and <br />(v) the Permitted Property Liens do not materially interfere <br />with or materially adversely affect the use or operation of the Property. <br />(b) The Grantor shall (i) cause the representations and warranties in <br />subsection (a) of this Section to continue to be true in each and every respect at all <br />times prior to the termination of this Deed of Trust; and (ii) preserve, protect, <br />warrant and defend (A) the estate, right, title and interest of the Grantor in and to <br />its Trust Property, (B) the validity, enforceability and priority of the Lien of this <br />Deed of Trust, and (C) the right, title and interest of the Beneficiary and any <br />purchaser at any sale of the Trust Property hereunder or relating hereto, in each <br />case against all other Liens and claims whatsoever, subject only to the Permitted <br />Property Liens. <br />(c) Upon the recording of this Deed of Trust in the appropriate county <br />recording office and the filing of Uniform Commercial Code Financing <br />Statements in the appropriate Uniform Commercial Code filing office and <br />appropriate county recording office, the lien of this Deed of Trust and the security <br />interest in the Trust Property granted hereby shall be a perfected deed of trust lien <br />on and security interest in the Trust Property prior to all liens on and security <br />interests in the Trust Property other than the Permitted Property Liens. <br />(d) Upon request by the Beneficiary, the Grantor shall at its sole cost <br />and expense (i) promptly correct any defect or error which may be discovered in <br />the Deed of Trust or any financing statement or other document relating hereto; <br />and (ii) promptly execute, acknowledge, deliver, record, and re- record, register <br />and re- register, and file and re -file this Deed of Trust and any financing <br />statements or other documents which the Beneficiary may reasonably require <br />from time to time (all in form and substance reasonably satisfactory to the <br />Beneficiary) in order (A) to effectuate, complete, perfect, continue or preserve <br />the Lien of this Deed of Trust on the Trust Property, whether now owned or <br />hereafter acquired, subject only to the Permitted Property Liens, or (B) to <br />16 <br />(N1) 04675/ 120 /REALNEBRASKA/forin.dot.NE.doc <br />