|
Willoughby
<br />Deed of Trust, Assignment of Rents, Security Agreement, and Fixture Filing
<br />Loan no. 197694
<br />2
<br />201503758
<br />(1) the real estate and any interest in the real estate located in Hall County, Nebraska, and described in
<br />EXHIBITA (the "Land ");
<br />(2) buildings, structures, improvements, and fixtures now or hereafter erected on, affixed or attached to the
<br />Land, including all farm products storage and handling units and equipment, and fences, gates and loading
<br />chutes (the "Improvements ");
<br />(3) to the extent not included within the definition of "Improvements," (A) wells, irrigation and drainage
<br />pumps, motors, pipes, windmills, frost protection equipment, center pivot irrigators, sprinklers, drip line
<br />and emitters, filters, water measurement meters and control structures and other watering and irrigation
<br />equipment, including that equipment described on EXHIBIT B; and (B) all other equipment now or
<br />hereafter affixed or installed in any manner on the Land or the Improvements or used in connection with
<br />the operation of the Property (other than rolling stock and implements customarily towed) (the
<br />"Equipment ");
<br />(4) easements, rights -of -way, and other rights and entitlements appurtenant to the Land or used in
<br />connection with the Land or as a means of access thereto (the "Easements ");
<br />(5) other tenements, hereditaments and appurtenances to the Land;
<br />(6) rights to the use and enjoyment of water, whether surface or subsurface, whether riparian, appropriative,
<br />prescriptive or otherwise, and whether or not appurtenant, now or hereafter relating or available to the
<br />Land or Improvements or used in connection therewith: (A) water allocations, water banking rights or
<br />interests, carryover rights, supplemental water, storage and exchange rights drainage rights, distribution
<br />rights, storage rights, delivery rights, and other water - related rights or entitlements, whether available
<br />through any public or private irrigation projects, companies, districts, agencies or otherwise, together
<br />with all shares of stock evidencing any such rights or entitlements, and all voting rights and other rights
<br />and privileges that now or hereafter may exist with respect to such stock or with respect to participation,
<br />membership, or other involvement in any such projects, companies, districts, or agencies; (B) water and
<br />water inventory in storage; (C) rights under well, pump and filter sharing agreements; and (D) all
<br />easements, permits, licenses, leases, contracts, grants, reservations and any other rights and
<br />entitlements, however created, to drill, install and maintain wells, pumps and pipeline systems, or to use,
<br />appropriate, pump, extract, receive, transport, store or transfer water ( "Water Rights ");
<br />(7) shares, and rights under such shares, of any private water company, mutual water company, or other
<br />non - governmental entity pursuant to which Trustor or the Property may receive water (individually and
<br />collectively, the "Water Stock ") and any other certificated and uncertificated securities, securities
<br />entitlements, securities accounts and commodities accounts;
<br />(8) coal, oil, gas, and other hydrocarbon substances, geothermal resources, minerals, mineral interests,
<br />royalties, overriding royalties, production payments, net profit interests and other interests and estates
<br />in, under or produced from the Land and other coal, oil, gas, geothermal, and mineral interests with
<br />which any of the foregoing interests or estates are pooled or unitized and other "as- extracted collateral"
<br />(the "Mineral Rights ");
<br />(9) timber now or hereafter standing on or cut from the Land;
<br />(10) leases, subleases, licenses, occupancy agreements, concessions and other agreements, granting a
<br />possessory interest in and to, or the right to extract, mine, reside in, sell, or use the Property, (individually
<br />and collectively, the "Leases ");
<br />(11) working drawings, instructional manuals, and rights in processes directly related to the operation of the
<br />Property;
<br />Rev. 1.7.2015
<br />
|