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85-- 004244 <br />Obligation and the performance of the covenants and agreements <br />herein undertaken to be performed by First Party. <br />First Party represents and warrants: (i) that First --arty <br />is lawfully possessed of the Real Estate and the Property of any <br />kind; (ii) First Party has good and lawful authority to convey <br />and mortgage the Mortgaged Property, in the manner and form <br />hereby conveyed and mortgaged; (iii) that First Party is <br />organized and lawfully existing under the laws of the State of <br />Nebraska; (iv) that First Party has corporate power and <br />authority to execute the Agreement described in this Mortgage <br />and Security Agreement, and the execution and delivery thereof <br />by the officers or general partners of First Party who are <br />executing and delivering the same have been duly authorized and <br />that all acts and proceedings necessary or proper in the <br />premises have been duly done, performed and taken; that such <br />Agreement is valid and enforceable in all respects according to <br />its terms and conditions. <br />(1) First Party expressly covenants and agrees that: <br />(a) First Party shall at all times, at the cost and <br />expense of First Party, keep all of the Mortgaged Property of an <br />insurable nature constantly insured against loss or damage by <br />fire, lightning, explosion, tornado and windstorm, and such <br />other risks as Second Party may reasonably request, in an amount <br />equal to the full insurable value thereof, or equal to the <br />unpaid indebtedness secured hereby, whichever is less, and such <br />insurance shall also be in a sum equal to such percentage of the <br />insurable value of the property insured as may be required to <br />prevent First Party from being considered as co- insurer thereof, <br />such insurance to be in companies satisfactory to Second Party, <br />and all such policies of insurance shall be so written as to <br />make any loss occurring thereunder payable, by standard mortgage <br />clause attached thereto, to Second Party as its interest may <br />appear, irrespective of, and which may not be invalidated by, <br />any act or default of First Party, and all such policies, or a <br />certificate or certificates of the insurers or of an insurance <br />agency satisfactory to Second Party, showing that such policies, <br />with such mortgage clauses, are in force, shall be deposited <br />with Second Party as additional security hereunder; and First <br />Party shall also maintain at the cost and expense of First Party <br />such public liability and other insurance as Second Party may <br />-3- 0431t <br />W <br />L_ �.1 <br />