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the same may be amended, restated, modified or supplemented and in effect from time to time
<br />(the "Note "). The Loan is due and payable in full on December 21, 2020 (the "Maturity Date "),
<br />except as such date may be accelerated pursuant to the terms hereof or of any other Loan
<br />Document (as hereinafter defined). This Mortgage encumbers certain real estate located in Hall
<br />County, Nebraska, legally described on Exhibit A attached hereto, and payment of the Note is
<br />secured by this Mortgage, financing statements and other security documents (this Mortgage, the
<br />Note, the Loan Agreement, and all other documents evidencing or securing the Loan (as
<br />amended, modified, replaced or restated from time to time) are collectively hereinafter referred
<br />to as the "Loan Documents "). The Loan bears interest at a variable rate of interest.
<br />To secure (i) the payment when and as due and payable of the principal of and interest on
<br />the Loan or so much thereof as may be advanced from time to time, and any and all late charges,
<br />and all other indebtedness evidenced by or owing under the Note and any of the other Loan
<br />Documents, together with any extensions, modifications, renewals or refmancings of any of the
<br />foregoing, (ii) the payment of all other indebtedness which this Mortgage by its terms secures,
<br />and (iii) the performance and observance of the covenants and agreements contained in this
<br />Mortgage, the Loan Agreement, the Note and each of the other Loan Documents (all of such
<br />indebtedness, obligations and liabilities identified in (i), (ii), and (iii) above being hereinafter
<br />referred to as the "Debt "), the Borrower does hereby GRANT, BARGAIN, SELL, ALIEN,
<br />REMISE, RELEASE, CONVEY, ASSIGN, TRANSFER, PLEDGE, DELIVER, SET OVER,
<br />HYPOTHECATE, WARRANT AND CONFIRM unto the Trustee for the benefit of the Lender
<br />its successors and assigns forever, in trust, WITH POWER OF SALE and does hereby grant to
<br />Trustee for the benefit of the Lender, its successors and assigns a security interest in, all and
<br />singular the properties, rights, interests and privileges described in Granting Clauses I, II, III, IV,
<br />V, VI, VII, VIII and IX below, all of same being collectively referred to herein as the
<br />"Mortgaged Property":
<br />THE LAND located in Hall County, Nebraska which is legally described on Exhibit A
<br />attached hereto and made a part hereof (the "Land ").
<br />TOGETHER WITH all buildings, structures and improvements of every nature
<br />whatsoever now or hereafter situated on the Land, including all extensions, additions,
<br />improvements, betterments, renewals, substitutions and replacements to or for any such
<br />buildings, structures and improvements and all of the right, title and interest of the Borrower now
<br />or hereafter acquired in and to any of the foregoing, including without limitation those certain
<br />improvements to be constructed on the Land in accordance with the Loan Agreement (the
<br />"Improvements ");
<br />TOGETHER WITH all easements, rights of way, strips and gores of land, streets, ways,
<br />alleys, sidewalks, vaults, passages, sewer rights, waters, water courses, water drainage and
<br />reservoir rights and powers (whether or not appurtenant), all estates, rights, titles, interests,
<br />51668048.5
<br />GRANTING CLAUSE I:
<br />GRANTING CLAUSE II:
<br />GRANTING CLAUSE III:
<br />2
<br />201508663
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