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<br /> "Guarantv") pursuant to which the Grantor has guarantied the obligations of the Borro�ver with
<br /> respect to the loans made under the Loan Agreement (the "Loans") and the other extensions of
<br /> credit and financial accommodations made under each of the other Loan Documents, (together
<br /> with the Loans,collectively,the"Guarantied Obli�ations'�.
<br /> D. It is a condition to the obligation of the Lenders to make the Loans that the
<br /> Grantor execute and deliver this Deed of Trust to secure the Guarantied Obligations and all
<br /> direct obligations of the Grantor with respect to the Loans (collectively, the "Obli�ations
<br /> Secured").
<br /> The total principal amount of Secured Obligations secured hereby may increase or
<br /> decrease from time to time, but the total unpaid principal balance secured hereby at any time
<br /> shall not exceed $345,000,000, plus interest thereon and any protective disbursements which
<br /> Beneficiary may make under this Deed of Trust and interest thereon.
<br /> GRANT:
<br /> NOW, THEREFORE, (A) in consideration of Ten Dollars ($10.00) in hand paid, the
<br /> receipt and sufficiency of which are hereby acicnowledged and (B) in consideration of the
<br /> foregoing Recitals, for the purpose of securing the complete and timely performance and
<br /> payment of all present and future indebtedness, liabilities and obligations which the Grantor has
<br /> from time to time incurred or may incur or be liable to the Lenders and the Agent (each, a
<br /> "Secured Partv", collectively,the "Secured Parties")under or in connection with the Obligations
<br /> Secured,
<br /> THE GRANTOR HEREBY CONVEYS TO TRUSTEE AND HEREBY GRANTS, ASSIGNS,
<br /> TRANSPERS AND SETS OVER TO TRUSTEE, IN TRUST WITH POWER OF SALE FOR
<br /> THE USE AND BENEFIT�F AGENT,AND GRANTS ACENT(for the benefit of the Secured
<br /> Parties) AND TRUSTEE AND THEIR SUCCESSORS AND ASSiGN5 A SECURITY
<br /> INTEREST IN, ���
<br /> the real estate legally described in Exhibit A hereto (the "Land"} in V�eq County (the
<br /> "Count '), Nebraska (the "State"); together (i) with all right, title and interest, if any, that the
<br /> Grantor may now have or hereafter acquire in and to all improvements, buildings and structures
<br /> of every nature whatsoever now or hereafter located on the Land; and (ii) all air rights, water
<br /> rights and powers, development rights or credits, zoning rights or other similar rights or interests
<br /> that benefit or are appurtenant to the Land (all of the foregoing, including the Land, the
<br /> "Premises").
<br /> T�GBTHER WITH al) right, title and interest, if any, including any after-acquired right,
<br /> title and interest, and including any right of use or occupancy,that the Grantor may now have or
<br /> hereafter acquire in and to any of the following related to the Land: (a) all easements, rights of
<br /> way or gores of land or any lands accupied by streets, ways, aLleys, passages, sewer rights, water
<br /> courses and public places, and any other interests in property constituting appurtenances to the
<br /> Premises, or that hereafter shall in any way belong, relate or be appurtenant thereto, (b) all
<br /> licenses, authorizations, certificates, variances, consents, approvals and other permits now or
<br /> hereafter relating to the Rea3 Property (as defined below), excluding any of the foregoing items
<br /> that cannot be transferred or encumbered by the Grantor without causing a default thereunder or
<br /> �16530428 14447754 2
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