|
��15�����
<br /> associated wifh said real praperty, wheth�r decreed vr undecreed, tributary or non-tributary, surfa�e or
<br /> underground, apprvpriated ar unapprvpriated, and all shares af stvck in any wafer, canal, ditch vr
<br /> reservo�r company, and all welf permits, water serv�ce contrac�s, drainage rights and vther eviden�es of
<br /> any such rights; and �h}all inter�st ar esta#e which Trustor now has vr may hereafter acquire �n said real
<br /> prope�ty and all additians and accr�tions therefo, and all awards vr paymenfs made for the taking of a!I or
<br /> any p�rtion of said real proper�y by em�nen#domain or any proceeding or purchase in ��eu #hereof, v�any
<br /> damage tv any portion of said r�a� property�callecti�ely, the"Subject�'roperty"}. The IEsting of specific
<br /> righ�s vr property shall not be interpreted as a limitation of gen�ral terms.
<br /> 'I.2 Address. The address of the Subject Pr�p�rty�if known} is: 'I�5�'I S. 1J.5. Highway 281,
<br /> Doniphan, Nebraska�883�. Neither the failure tv des�gnate an address nar any inaccuracy in the
<br /> add�ess designated shall affe�t the�alid�ty ar p�iority of the Ifen of this Deed vf Trus�on the Subje�t
<br /> Property as descri�ed on Exhibit A. In the e�ent of any conflict b�tween the pro�isions of Exhibit A and
<br /> said address, Exh�bit A shall control.
<br /> ARTICLE I�. �SLIGATI�NS SECURED
<br /> 2.� �bliqativns S�cured. Trustor makes this gran#and assignmen#for the purpose of securing
<br /> �he following o�ligations �each, a "Secured �b�iga�ian"and collecti��fy, the "Secured �bl�gafions"}:
<br /> �a} payment to Beneficiary of afl Real Esta#e�bligati�ns �as def'rn�d in the Credit Agreemen#
<br /> described in Section 5.� below; capitalized terms used herein and not otherwis�defined shall have the
<br /> mean�ngs pro�ided in �he Credit Agreement}, inc�uding without limita#�on sums at any time owing and
<br /> perfvrmance of a!i other obligatEvns arising under or in connection w�th that ce�ain Amended and
<br /> Restated Real Estat�Term No�� �as am�nded, restated, supplemented or oth�rwise modified from �ime
<br /> to time, �he "Note"}dated as af January 2, �01�, in the maximum principa! amvunt of N�NE MILLl�N
<br /> SEVEN HUNDRED SEVENTY-SEVEN TH�USAND EI�HT HUNDRED THIRTY-TVIJ�AND 2Gl'��0
<br /> D�LLARS �$9,??'7,83�.�6}, with interes#as pra�ided therein, executed by Bvrrower�as defined befow}
<br /> and payable ta Ben�ficiary�r its arder, tvg�ther vvith the payment and perFormance vf any vther
<br /> indebtedn�ss ar abli�a#ions incurred in connectivn with th�credit accommodatian e�idenced by the Nvte,
<br /> whether or nvt specifically r�ferenced th�rein; and
<br /> tb} payment and perFormance of all ob[igations of Trustar under�h�s Deed of Trus�, togeth�r with
<br /> a�l ad�ances, payments vr other expend�tures made by BenefEciary or Trus#ee as ar for the payment or
<br /> performance of any such ob�igations af Trustor; and
<br /> �c} payment and p�rformance of all o�ligatians, if any, and the contrac�s under which they aris�,
<br /> which any rider a#tached to and r��orded with this Deed of Trus�re��tes are secured hereby; and
<br /> �d} payment#v Beneficiary af ali liability, whefher liquidated or unl�quidated, defined, can�ingent,
<br /> canditional or vf any�ther nature whatsoe�er, and perFormance af all ❑ther nbligafiians, arising under any
<br /> swap, deriva#ive, foreign exchange or hedge transaction or arrang�ment�or other similar transacfion or
<br /> arrang�men� hawsae�er described vr defined} af any time entered into wifh Beneficiary in connection with
<br /> any Se�ured �b�igation; and
<br /> �e} payment and performance of all abliga#ions under�i}thaf certain Deed af Trust and
<br /> Assignment nf Leases and Rents �North Platte}, dated as of January 2, ���5, executed by Trustor in
<br /> fa�or of Trus#ee for the benefit of Beneficiary, and �ii}that certain De�d of Trust and Assignmenf af
<br /> Leases and Rents ��maha}, dated as of January 2, 2�15, executed by Trustor in fa�or of Trusfee for the
<br /> benefit of Benef�c�ary; and
<br /> �f} paym�nt and p�rformance of all future ad�ances and vther obliga�ions that th�then recard
<br /> �wn�r of th�Subject Proper�y may agree to pay andlor perform �whether as prEncipal, surety vr
<br /> _2_
<br />
|