PROVISION OF ANY
STATUTE, REGULATION OR TREATY OF THE UNITED STATES AS TO ANY COLLATERAL IF
COMPLIANCE WITH SUCH PROVISION IS A CONDITION TO ATTACHMENT, PERFECTION OR
PRIORITY OF, OR ABILITY OF LENDER TO ENFORCE, LENDER'S SECURITY INTEREST IN SUCH
COLLATERAL, (D) OBTAINING GOVERNMENTAL AND OTHER THIRD PARTY CONSENTS AND
APPROVALS, INCLUDING WITHOUT LIMITATION ANY CONSENT OF ANY LICENSOR, LESSOR OR
OTHER PERSON OBLIGATED ON COLLATERAL, (E) OBTAINING WAIVERS FROM MORTGAGEES AND
LANDLORDS IN FORM AND SUBSTANCE SATISFACTORY TO LENDER AND (F) TAKING ALL
ACTIONS REQUIRED BY ANY EARLIER VERSIONS OF THE UNIFORM COMMERCIAL CODE OR BY
OTHER LAW, AS APPLICABLE IN ANY RELEVANT UNIFORM COMMERCIAL CODE JURISDICTION,
OR BY OTHER LAW AS APPLICABLE IN ANY FOREIGN JURISDICTION.
4
5.
RELATION TO OTHER SECURITY DOCUMENTS. THE PROVISIONS OF THIS
AGREEMENT SUPPLEMENT THE PROVISIONS OF ANY REAL ESTATE MORTGAGE OR DEED OF TRUST
GRANTED BY BORROWER TO LENDER AND SECURING THE PAYMENT OR PERFORMANCE OF ANY OF
THE OBLIGATIONS. NOTHING CONTAINED IN ANY SUCH REAL ESTATE MORTGAGE OR DEED OF
TRUST DEROGATES FROM ANY OF THE RIGHTS OR REMEDIES OF LENDER HEREUNDER.
6.
REPRESENTATIONS AND WARRANTIES CONCERNING BORROWER'S LEGAL
STATUS. BORROWER REPRESENTS AND WARRANTS TO LENDER AS FOLLOWS: (A) BORROWER'S
EXACT LEGAL NAME IS THAT INDICATED ON THE SIGNATURE PAGE HEREOF, (B) BORROWER IS
A LIMITED LIABILITY COMPANY ORGANIZED UNDER THE LAWS OF THE STATE OF SOUTH
DAKOTA, (C) BORROWER'S ORGANIZATIONAL IDENTIFICATION NUMBER IS DL003422, (D)
BORROWER'S FEDERAL TAXPAYER IDENTIFICATION NUMBER IS 46-0459188 AND (E)
BORROWER'S PLACE OF BUSINESS, CHIEF EXECUTIVE OFFICE, AS WELL AS MAILING ADDRESS
IS 27716 - 462ND AVENUE, CHANCELLOR, SOUTH DAKOTA 57015. BORROWER HEREBY
CERTIFIES THAT THE TAXPAYER IDENTIFICATION NUMBER SHOWN IN THIS SECTION 6 IS
CORRECT AND THAT BORROWER IS NOT SUBJECT TO BACKUP WITHHOLDING EITHER BECAUSE IT
IS EXEMPT, HAS NOT BEEN NOTIFIED THAT IT IS SUBJECT TO BACKUP WITHHOLDING DUE TO
FAILURE OF REPORTING INTEREST OR DIVIDENDS, OR THE INTERNAL REVENUE SERVICE HAS
NOTIFIED IT THAT IT IS NO LONGER SUBJECT TO BACKUP WITHHOLDING. BORROWER IS A
U.S. PERSON (INCLUDING U.S. RESIDENT ALIEN).
7.
COVENANTS CONCERNING BORROWER'S LEGAL STATUS. BORROWER COVENANTS
WITH LENDER AS FOLLOWS:
(A) WITHOUT PROVIDING AT LEAST 30 DAYS PRIOR WRITTEN
NOTICE TO LENDER, BORROWER WILL NOT CHANGE ITS NAME, ITS PLACE OF BUSINESS OR,
IF MORE THAN ONE, CHIEF EXECUTIVE OFFICE, OR ITS MAILING ADDRESS OR
ORGANIZATIONAL IDENTIFICATION NUMBER IF IT HAS ONE, (B) IF BORROWER DOES NOT
HAVE AN ORGANIZATIONAL IDENTIFICATION NUMBER AND LATER OBTAINS ONE, BORROWER
WILL FORTHWITH NOTIFY LENDER OF SUCH ORGANIZATIONAL IDENTIFICATION NUMBER, AND
(C) BORROWER WILL NOT CHANGE ITS TYPE OF ORGANIZATION, JURISDICTION OF
ORGANIZATION OR OTHER LEGAL STRUCTURE.
8.
REPRESENTATIONS AND WARRANTIES CONCERNING COLLATERAL, ETC.
BORROWER FURTHER REPRESENTS AND WARRANTS TO LENDER AS FOLLOWS:
(A) BORROWER IS
THE OWNER OF THE COLLATERAL, FREE FROM ANY ADVERSE LIEN, SECURITY INTEREST OR
OTHER ENCUMBRANCE, EXCEPT FOR THE SECURITY INTEREST CREATED BY THIS AGREEMENT
AND OTHER LIENS PERMITTED BY THE CREDIT AGREEMENT, (B) TO THE EXTENT THAT ANY OF
THE COLLATERAL CONSTITUTES, OR IS THE PROCEEDS