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(iv) liens, charges or encumbrances in favor of Beneficiary; <br />201 401 693 <br />(ii) liens of or resulting from any judgment or award, the time for the appeal or <br />petition for rehearing of which shall not have expired, or in respect of which Trustor shall <br />at any time in good faith be prosecuting an appeal or proceeding for a review and in <br />respect of which a stay of execution pending such appeal or proceeding for review shall <br />have been secured; <br />(iii) deposits, pledges or liens to secure statutory obligations, surety or appeal <br />bonds or other liens of like general nature incurred in the ordinary course of business and <br />not in connection with the borrowing of money, provided, in each case, that the obligation <br />secured is not overdue or, if overdue, is being contested in good faith by appropriate <br />actions or proceedings; <br />(v) liens, charges, or other encumbrances disclosed to and approved by <br />Beneficiary in writing in connection with the Trustor's arrangements for the acquisition <br />and development of the Premises, including without limitation payments and rights -of- <br />way for utilities, roads, drainage, cable, communications and similar purposes; <br />(vi) liens, charges, or other encumbrances set forth in a policy of mortgagee's <br />title insurance issued to Beneficiary, but only if expressly acknowledged and approved in <br />writing by Beneficiary and in the case of any leases in favor of a Trustor, subordinated to <br />the lien hereof; and <br />(vii) liens, charges or other encumbrances securing the Trustor's obligations <br />under that certain Loan Agreement dated as of even date herewith by and among the <br />Trustor, the lenders party thereto and Metropolitan Life Insurance Company, as the same <br />may be amended, modified, supplemented or restated from time to time. <br />"Promissory Note" means the Notes described in the first "Whereas" clause appearing in <br />the Deed of Trust, together with interest thereon, executed in accordance with the Credit <br />Agreement and evidencing Trustor's indebtedness to the Lenders thereunder. <br />"Uniform Commercial Code" means the Uniform Commercial Code in effect, and as <br />amended from time to time hereafter, in the State of Nebraska. <br />