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201203748 (iii) liens, charges or otherencumbrances for or priority claims incidental to the conduct of business or the ownership of properties and assets (including mechanic's, warehousemen's and attorney's liens and statutory landlord's liens but only to the extent that all of the foregoing are affirmatively insured over in a policy of mortgagee's title issuance issued to Beneficiary) and deposits, pledges or liens to secure statutory obligations, surety or appeal bonds or other liens of like general nature incurred in the ordinary course of business and not in connection with the borrowing of money, provided, in each case, that the obligation secured is not overdue or, if overdue, is being contested in good faith by appropriate actions or proceedings; (iv) liens, charges or encumbrances in favor of Beneficiary; (v) liens, charges, or other encumbrances disclosed to and approved by Beneficiary in writing in connection with the Grantor's arrangements for the acquisition and development of the Premises, including without limitation payments and rights-of- way for utilities, roads, drainage, cable, communications and similar purposes; (vi) liens, charges, or other encumbrances set forth in a policy of mortgagee's title insurance issued to Beneficiary, but only if expressly acknowledged and approved in writing by Beneficiary. "Promissory Note" means the Note described in the opening recitals, together with interest thereon, executed in accordance with the Loan Agreement and evidencing Grantor's indebtedness to Beneficiary thereunder. The Note contains provisions for the interest rate therein to be adjusted from time to time. "Uniform Commercial Code" means the Uniform Commercial Code in effect, and as amended from time to time hereafter, in the State of Nebraska. Bolton Farm - Loan 195618 JM MDAI 1095245 v 0-0 05/03/2012 Page 2 of 2