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<br />200804918 <br /> <br />(a) Mortgagor is a limited liability company duly organized, validly existing and in <br />good standing under the laws of the State of Nebraska, has been duly qualified to <br />do business in the State of Nebraska, and has all requisite power and authority to <br />own and operate the Premises, to make and deliver this Deed of Trust and any <br />other document securing the Note and the other Loan Documents (as defmed <br />below), to execute all other documents relating to the Indebtedness and make all <br />representations and covenants contained in such documentation. The Note, the <br />Loan Agreement, the Swap Agreement, this Deed of Trust, all Dee Financing <br />Statements and all other documents, instruments and agreements relating to any of <br />them or evidencing or securing the Indebtedness are herein referred to as the <br />"Loan Documents." Mortgagor has the power and authority to borrow the monies <br />and otherwise perform as contemplated hereunder and under the Loan <br />Documents and, to the best of Mortgagor's knowledge, is in compliance with all <br />laws, regulations, ordinances and orders of public authorities applicable to it. <br /> <br />(b) Neither the borrowing of the monies nor the execution and delivery of the Note, <br />this Deed of Trust or any of the other Loan Documents nor the performance ofthe <br />provisions of the agreements therein contained on the part of Mortgagor will <br />contravene, violate or constitute a default under the limited liability agreement of <br />Mortgagor, or any agreement with the members of Mortgagor, or any creditor of <br />Mortgagor, or any law, ordinance, governmental regulation, agreement or <br />indenture to which Mortgagor is a party or by which Mortgagor or Mortgagor's <br />properties are bound. <br /> <br />(c) There are no (i) bankruptcy proceedings involving Mortgagor and none is <br />contemplated; (ii) dissolution proceedings involving Mortgagor and none is <br />contemplated; (iii) unsatisfied judgments of record against Mortgagor; or (iv) tax <br />liens filed against Mortgagor. <br /> <br />(d) The Note, this Deed' of Trust and the other Loan Documents have been duly <br />executed and delivered by Mortgagor and the other parties thereto and constitute <br />the legal, valid and binding obligations of Mortgagor, enforceable in accordance <br />with their terms, except as to enforcement of remedies, as may be limited by <br />bankruptcy, insolvency or similar laws affecting generally the exercise and <br />enforcement of creditor's rights and remedies. <br /> <br />(e) There are no judgments, suits, actions or proceedings at law or in equity or by or <br />before any governmental instrumentality or agency now pending against or, to the <br />best of Mortgagor's knowledge, threatened against Mortgagor or its properties, or <br />both, nor has any judgment, decree or order been issued against Mortgagor or its <br />properties, or both, which would have a material adverse effect on the Premises or <br />the financial condition of Mortgagor or Mortgagor's properties. <br /> <br />(f) No consent or approval of any regulatory authority having jurisdiction over <br />Mortgagor is necessary or required by law as a prerequisite to the execution, <br /> <br />5 <br /> <br />Doc# 2675364\2 <br />