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(a) a Building Loan Agreement; (b) Notice of Commencement; (c) an Assignment of Rents and Leases; (d) an Assignment of Construction Contracts; (e) an Assignment of Plans, Specifications and Construction Contracts and Agreements; (f) an Environmental Indemnity Agreement; (g) Tri -Party Agreement with Manager; (h) a UCC Financing Statement; and (i) such other documents as may be required by Lender or Lender's Counsel, covering certain real and personal property located in Hall County, Nebraska, and is further secured by the Guarantys of Payment executed jointly and individually by Michael H. Staenberg, individually and as Trustee of the MHS Trust dated January 13, 1986, as amended, and Raymond J. O'Connor dated of even date herewith. ARTICLE I REPRESENTATIONS, WARRANTIES, COVENANTS AND AGREEMENTS OF TRUSTOR Trustor hereby represents, warrants, covenants and agrees: Section 1.01. Payment of Secured Obligations. Trustor hereby grants this Deed of Trust to secure the payment and performance when due of the Secured Obligations. The consideration received by Trustor to execute and deliver this Deed of Trust and the liens and security interests created herein are sufficient and will provide a direct economic benefit to Trustor. Section 1.02. Title of Trustor. Trustor has, subject to Permitted Encumbrances set forth in Exhibit `B" hereto, in its own right, good, marketable and indefeasible title in fee simple to the Mortgaged Property, which is free from encumbrance superior to the encumbrance of this Deed of Trust and has full right to make this conveyance. Section 1.03. Construction of Improvements. To complete in good and workmanlike manner any building or improvement or repair relating thereto which may be begun on the Property or contemplated by the loan secured hereby, to pay when due all costs and liabilities incurred therefore, and not to permit any mechanic's or materialmen's lien against the Property. Trustor also agrees, anything in this Deed of Trust to the contrary notwithstanding: 4 2015020'7;