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87105313
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Last modified
10/19/2011 12:14:36 PM
Creation date
3/27/2008 2:48:12 PM
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DEEDS
Inst Number
87105313
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3877V <br />REAL PROPERTY MORTGAGE <br />( Nebraska) <br />145313 <br />KOLN, INC., a Delaware corporation with its principal <br />place of business at 590 West Maple Street, Kalamazoo, <br />Michigan 49008, herein called the "Mortgagor" whether one or <br />more, in consideration of Ten Dollars ($10) and other good <br />and valuable consideration, including extensions of credit <br />aggregating One Hundred Seventy Five Million Dollars <br />($175,000,000) received from the Secured Parties (as defined <br />in the Rider annexed hereto as Schedule I), does hereby <br />mortgage to The First National Bank of Boston, a national <br />banking association with its principal place of business at <br />100 Federal Street, Boston, Massachusetts 02110, in its <br />capacity as Collateral Trustee for the Secured Parties under <br />the Collateral Trust Agreement (as defined in the Rider <br />annexed hereto as Schedule I), in such capacity herein <br />called the "Mortgagee ", the real estate located in Nebraska <br />and described in Attachment A attached hereto and <br />incorporated herein by reference as if fully set out herein. <br />And the Mortgagor does hereby covenant with the <br />Mortgagee and with the Mortgagee's successors and assigns <br />that the Mortgagor is lawfully seised of said premises, that <br />they are free from encumbrance, except as provided in the <br />Rider which is annexed hereto as Schedule I, that the <br />Mortgagor has good right and lawful authority to convey the <br />same, and that the Mortgagor warrants and will defend the <br />title to said premises against the lawful claims of all <br />persons whomsoever. <br />This Mortgage is given to secure the payment and full <br />performance of the Secured Debt (as defined in the Rider <br />annexed hereto as Schedule I), including extensions of <br />credit by the Secured Parties to the Borrower at any time <br />arising, existing and outstanding under and by virtue of the <br />Debt Instruments (as defined in the Rider annexed hereto as <br />Schedule I), said Debt Instruments providing for extension' - <br />of credit aggregating One Hundred Seventy Five Million <br />Dollars ($175,000,000) to the Borrower by way of principal <br />advances from time to time henceforth drawn by the Borrower <br />upon terms and conditions therein specified. If not sooner <br />paid all such indebtedness pursuant to said Debt Instruments <br />shall be paid on August 150 1994. <br />The covenants, agreements, conditions, representations <br />and warranties contained in the Rider which is annexed <br />hereto as Schedule I are incorporated herein by reference as <br />if fully set out herein; and all references to the <br />u <br />
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