|
(b) All buildings, structures, improvements, and fixtures, as defined in the
<br />Uniform Commercial Code of Nebraska (the "UCC "; such fixtures, the "Fixtures "), now located
<br />or later to be constructed on the Land (the "Improvements ");
<br />(c) All existing and future appurtenances, privileges, rights, easements, and
<br />tenements of the Land, including all minerals, oil, gas, other hydrocarbons, and any other
<br />commercially valuable substances which may be in, under, or produced from any part of the
<br />Land, all development rights and credits, air rights, water, and any land lying in the streets,
<br />roads, or avenues, open or proposed, in front of or adjoining the Land and Improvements;
<br />Improvements;
<br />(e) All leases, subleases, licenses, and other agreements, granting a
<br />possessory interest in and to, or the right to extract, mine, reside in, sell, or use the Property
<br />(individually and collectively, the "Leases ");
<br />the Property;
<br />(g) All proceeds, including all claims to and demands for them, of the
<br />voluntary or involuntary conversion of any of the Land, the Improvements, or the other property
<br />described above into cash or liquidated claims, including proceeds of any insurance policies,
<br />present and future, payable because of loss sustained to all or any part of any Property,
<br />whether or not such insurance policies are required by Beneficiary, and all condemnation
<br />awards or payments now or later to be made by any public body or decree by any court of
<br />competent jurisdiction for any taking or in connection with any condemnation or eminent domain
<br />proceeding, and all causes of action and their proceeds for any damage or injury to the Land,
<br />the Improvements, or the other property described above or any part of them, or breach of
<br />warranty in connection with the construction of the Improvements, including causes of action
<br />arising in tort, contract, fraud, or concealment of a material fact; and
<br />(h) All accessions, attachments, and other additions to, substitutes or
<br />replacements for, and proceeds and products of, the Property.
<br />This Deed of Trust is a "construction security agreement" as defined in Neb. Rev. Stat. §
<br />52- 127(10) that secures an obligation which Trustor has incurred for the purpose of making an
<br />improvement to the Land. Furthermore, this Deed of Trust is given for the purpose of securing
<br />the following obligations (collectively, the "Secured Obligations "):
<br />(i) Payment and performance of all Obligations, including the Note in the
<br />original principal amount of $3,200,000, and all indebtedness, liabilities, and obligations of any
<br />person under the other Loan Documents; and
<br />Trust;
<br />FNBO /Nova -Tech
<br />Deed of Trust
<br />DOCS/1660316.5
<br />(f)
<br />201605326
<br />(d) All rents, income, revenues, issues, and profits of or from the Land or the
<br />All permits and licenses relating or pertaining to the use or enjoyment of
<br />(ii) Payment and performance of all obligations of Trustor under this Deed of
<br />
|