201205288 - Laserfiche WebLink

Browse

20]205288 any portion of said real property by eminent domain or any proceeding, or purchase in lieu thereof, or any damage to any portion of said real property (collectively, the "Subject Property"). The listing of specific rights or property shall not be interpreted as a limitation of general terms. 1.2 Address. The address of the Subject Property (if known) is: 10501 S. U.S. Highway 281, Doniphan, Nebraska 68832. Neither the failure to designate an address nor any inaccuracy in the address designated shall affect the validity or priority of the lien of this Deed of Trust on the Subject Property as described on Exhibit A. In the event of any conflict between the provisions of Exhibit A and - said address, Exhibit A shall control. ARTICLE IL OBLIGATIONS SECURED 2.1 Obligations Secured. Trustor makes this grant and assignment for the purpose of securing the following obligations (each, a "Secured Obligation" and collectively, the "Secured Obligations"): (a) payment to Beneficiary of all Real Estate Obligations (as defined in the Credit Agreement described in Section 5.1 below; capitalized terms used herein and not otherwise defined shall have the meanings provided in the Credit Agreement), including without limitation sums at any time owing and performance of all other obligations arising under or in connection with that certain Real Estate Term Note ("Note") dated as of June 29, 2012, in the maximum principal amount of NINE MILLION SEVEN HUNDRED SEVENTY-SEVEN THOUSAND EIGHT HUNDRED THIRTY-TWO AND 26/100 DOLLARS ($9,777,832.26), with interest as provided therein, executed by Trustor and payable to Beneficiary or its order, together with the payment and performance of any other indebtedness or obligations incurred in connection with the credit accommodation evidenced by the Note, whether or not specifically referenced therein, and (b) payment and performance of all obligations of Trustor under this Deed of Trust, together with all advances, payments or other expenditures made by Beneficiary or Trustee as or for the payment or performance of any such obligations of Trustor; and (c) payment and performance of all obligations, if any, and the contracts under which they arise, which any rider attached to and recorded with this Deed of Trust recites are secured hereby; and (d) payment to Beneficiary of all liability, whether liquidated or unliquidated, defined, contingent, conditional or of any other nature whatsoever, and performance of all other obligations, arising under any swap, derivative, foreign exchange or hedge transaction or arrangement (or other similar transaction or arrangement howsoever described or defined) at any time entered into with Beneficiary in connection with any Secured Obligation; and (e) payment and performance of all future advances and other obligations that the then record owner of the Subject Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Beneficiary, when any such advance or other obligation is evidenced by a writing which recites that it is secured by this Deed of Trust; and (f) all modifications, extensions and renewals of any of the Secured Obligations (including without limitation, (i) modifications, extensions or renewals at a different rate of interest, or (ii) deferrals or accelerations of the required principal payment dates or interest payment dates or both, in whole or in part), however evidenced, whether or not any such modification, extension or renewal is evidenced by a new or additional promissory note or notes. For the avoidance of doubt, the Secured Obligations shall not include obligations (including those of the type set forth in clauses (d) through (f) above) under (w) the Credit Agreement (other than the Real Estate COMMNEOEED_NE.DOC (Rev. 02/10) -2-