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200511354 i. Subordination. There is no agreement or instrument to which Borrower is a party or by which Borrower is bound that would require the subordination in right of payment of any of Borrower's obligations under the Note to an obligation owed to another party. j. Title. Borrower lawfully holds and possesses fee simple title to the Property, without limitation on the right to encumber same. This Security Instrument is a first lien on the Property prior and superior to all other liens and encumbrances on the Property except: (i) liens for real estate taxes and assessments not yet due and payable; (ii) senior exceptions previously approved by Lender and shown in the title insurance policy insuring the lien of this Security Instrument; and (iii) other matters, if any, previously disclosed to Lender by Borrower in a writing specifically referring to this representation and warranty. k. Mechanics'Liens. There are no mechanics' or similar liens or claims which have been filed for work, labor or material (and no rights are outstanding that under law could give rise to any such liens other than those for which provision for payment has been made) affecting the Property which are or may be prior to or equal to the lien of this Security Instrument. I. Encroachments. Except as shown in the survey, if any, previously delivered to Lender, none of the buildings or other improvements which were included for the purpose of determining the appraised value of the Property lies outside of the boundaries or building restriction lines of the Property and no buildings or other improvements located on adjoining properties encroach upon the Property. m. Leases. All existing Leases are in full force and effect and are enforceable in accordance with their respective terms. No material breach or default by any party, or event which would constitute a material breach or default by any party after notice or the passage of time, or both, exists under any existing Lease. None of the landlord's interests under any of the Leases, including, but not limited to, rents, additional rents, charges, issues or profits, has been transferred or assigned. No rent or other payment under any existing Lease has been paid by any tenant for more than 1 month in advance. n. Collateral. Borrower has good title to the existing Collateral, free and clear of all liens and encumbrances except those, if any, previously disclosed to Lender by Borrower in writing specifically referring to this representation and warranty. Borrower's chief executive office (or principal residence, if applicable) is located at the address shown on page 1 of this Security Instrument. Borrower is an organization organized solely under the laws of the State of Nebraska. All organizational documents of Borrower delivered to Lender are complete and accurate in every respect. Borrower's legal name is exactly as shown on page 1 of this Security Instrument. o. Condition of Property. Except as shown in the property condition surveyor other engineering reports, if any, previously delivered to or obtained by Lender, the Property is in good condition and repair and is free from any damage that would materially and adversely affect the value of the Property as security for the Loan or the intended use of the Property. p. Hazardous Materials. Except as shown in the environmental assessment report(s), if any, previously delivered to or obtained by Lender, the Property is not and has not been a site for the use, generation, manufacture, storage, treatment, release, threatened release, discharge, disposal, transportation or presence of Hazardous Materials (as hereinafter defined) except as otherwise previously disclosed in writing by Borrower to Lender. q. Hazardous Materials Laws. The Property complies with all Hazardous Materials Laws (as hereinafter defined). r. Hazardous Materials Claims. There are no pending or threatened Hazardous Materials Claims (as hereinafter defined). s. Wetlands. No part of the Property consists of or is classified as wetlands, tidelands or swamp and overflow lands. Master 81 REG NE (rev. 08/2005) 1245359.6 9