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(a) The leasehold and any other interest in the real estate located in Hall
<br />County, Nebraska, and described in Exhibit A, attached (the "Land "), under the terms of the
<br />Commercial Building Lease by and between Trustor, as tenant, and ZITSKI, LLC, a Nebraska
<br />limited liability company ( "Zitski "), as lessor, dated as of January 1, 2009 (as amended,
<br />restated, or otherwise modified from time to time, the "Leasehold Agreement "), including the
<br />right to surrender, terminate, cancel, waive, change, supplement, grant subleases of, alter, or
<br />amend the Leasehold Agreement, together with all rights and privileges of Trustor under the
<br />Leasehold Agreement, and all right, title, and interest that Trustor has or may hereafter acquire
<br />in and to the Land or the other Property (the leasehold interest and all other rights, title, and
<br />interest of Trustor under the Leasehold Agreement or in the Land, the "Leasehold ");
<br />(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 />(d) All rents, income, revenues, issues, and profits of or from the Land or the
<br />Improvements;
<br />(e) All leases, subleases, licenses, and other agreements (except the
<br />Leasehold Agreement), granting a possessory interest in and to, or the right to extract, mine,
<br />reside in, sell, or use the Property, (individually and collectively, the "Leases ");
<br />(f) All permits and licenses relating or pertaining to the use or enjoyment of
<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 />FNBO /Nova -Tech
<br />Leasehold Deed of Trust
<br />DOCS/1660400.5
<br />2
<br />201605328
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