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SECURITY AGREEMENT AND FIXTURE FILING
<br />20150275;
<br />THIS DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES, SECURITY
<br />AGREEMENT AND FIXTURE FILING (this "Deed of Trust ") is entered into effective as of April
<br />30, 2015, by The Nature Conservancy, a District of Columbia nonprofit corporation ( "Grantor "),
<br />whose address for notice hereunder is 4245 North Fairfax Drive, Arlington, Virginia 22203 -1605,
<br />to Clinton D. Cadwallader ( "Trustee "), for the benefit of The Platte River Whooping Crane
<br />Maintenance Trust, Inc., a Nebraska nonprofit corporation ('Beneficiary"), whose address for
<br />notice hereunder is 6611 Whooping Crane Drive Wood River, NE 68883.
<br />ARTICLE 1
<br />DEFINITIONS
<br />1.1 General Principles. Capitalized terms used in this Deed of Trust but not
<br />otherwise defined in this Deed of Trust shall have the meanings ascribed to such terms in the
<br />Loan Agreement.
<br />1.2. Certain Definitions. As used herein, the following terms shall have the following
<br />meanings:
<br />(a) "Indebtedness" means the sum of all principal, interest and all other
<br />amounts evidenced by, due under or secured by the Loan Documents, together with all
<br />other direct, indirect, contingent, primary or secondary indebtedness of any nature now
<br />or hereafter owing or to be owing by Grantor to Beneficiary, regardless of how evidenced
<br />or incurred (whether by note, surety agreement, guaranty or otherwise), including
<br />amounts advanced to pay all or any portion of any indebtedness now or hereafter
<br />secured by the Property (including interest on such indebtedness).
<br />(b) "Loan Agreement" means that certain Loan Agreement, of even date
<br />herewith, by and between Grantor and Beneficiary.
<br />(c) "Loan Documents" means (i) the Loan Agreement, (ii) the Promissory
<br />Note, in the stated principal amount of $3,000,000.00, (iii) this Deed of Trust, (iv) all
<br />Financing Statements, (v) all other documents now or hereafter executed by Grantor, to
<br />evidence, secure or guaranty the payment of all or any portion of the Indebtedness or
<br />the performance of all or any portion of the Obligations or otherwise executed by Grantor
<br />in connection with the Promissory Note or this Deed of Trust, and (vi) all modifications,
<br />restatements, extensions, renewals and replacements of the foregoing.
<br />(d) "Mortgaged Property" means (i) the real property more particularly
<br />described in Exhibit A, attached hereto and by this reference made a part hereof,
<br />together with any greater estate therein as hereafter may be acquired by Grantor (the
<br />"Land "), (ii) all buildings, structures and other improvements, now or at any time situated,
<br />placed or constructed upon the Land (the "Improvements "), (iii) all materials, supplies,
<br />equipment, apparatus and other items of personal property now owned or hereafter
<br />acquired by Grantor and now or hereafter attached to or installed or used in connection
<br />with any of the Improvements or the Land, and water, gas, electrical, storm and sanitary
<br />sewer facilities and all other utilities whether or not situated in easements (the
<br />"Fixtures "), (iv) all right, title and interest of Grantor in and to all goods, accounts,
<br />general intangibles, instruments, documents, chattel paper and all other personal
<br />property of any kind or character, including such items of personal property as defined in
<br />2
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