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200107256
<br />any period, increases or rearrangements thereof are collectively referred to as the "Note "),
<br />which Note shall be finally due and payable no later than September 1, 2011. -
<br />WHEREAS, as a condition to Beneficiary's extension of certain financial
<br />accommodations to Grantor including, without limitation, the extension of credit evidenced by
<br />the Note and pursuant to the Loan Agreement, Beneficiary has required that Grantor enter into
<br />this Deed of Trust and grant to Beneficiary the liens and security interests referred to herein to
<br />secure: (i) the payment of the principal amount evidenced by the Note together with interest
<br />thereon; (ii) payment and performance of the other Obligations; (iii) payment of the principal
<br />amount, together with interest thereon, of all present and future advances of money made by
<br />Beneficiary under the Loan Documents, as well as all other liabilities and obligations in favor
<br />of Beneficiary arising under the Loan Documents; and (iv) other payment and performance
<br />obligations related to this Deed of Trust (the aforesaid Obligations and obligations to
<br />Beneficiary being hereinafter referred to collectively as the "Obligations").
<br />WHEREAS, the Obligations secured hereby shall not exceed an aggregate
<br />principal amount, at any one time outstanding of two hundred percent (200%) of the maximum
<br />principal amount of the Note, provided, that the foregoing limitation shall apply only to the
<br />lien upon the real property created by this Deed of Trust, and it shall not in any manner limit,
<br />affect or impair any grant of a security interest or other right in favor of Beneficiary under the
<br />provisions of the Loan Agreement or under any of the other Loan Documents.
<br />NOW, THEREFORE, to secure payment of the Obligations and in consideration
<br />of One Dollar ($1.00) in hand paid, receipt whereof is hereby acknowledged, Grantor does
<br />hereby grant, remise, release, alien, convey, transfer, mortgage and warrant to Trustee, IN
<br />TRUST, WITH POWER OF SALE, all right, title and interest of Grantor, which Grantor may
<br />now have or hereafter acquire in and to certain real estate located in Hall County, Nebraska,
<br />identified in Exhibit A attached hereto and by this reference made a part hereof (the
<br />"Premises "), and does further grant a security interest to Beneficiary in all Personal Property
<br />(as defined below) as well as all Mortgaged Property (as defined below) as may be secured
<br />under the Uniform Commercial Code (the "Code ") in effect in the State of Nebraska (the
<br />"State ").
<br />TOGETHER WITH all right, title and interest, if any, which Grantor may now
<br />have or hereafter acquire in and to all improvements, buildings and structures thereon of every
<br />nature whatsoever ( "Improvements "; such Improvements, collectively with the Premises, are
<br />herein called the "Project ").
<br />TOGETHER WITH all right, title and interest, if any, including any after -
<br />acquired right, title and interest, and including any right of use or occupancy, which Grantor
<br />may now have or hereafter acquire in and to (a} all easements, rights of way, strips and gores
<br />of land or any lands now or previously occupied by streets, ways, alleys, passages, sewer
<br />rights, water courses, water rights and powers, and public places adjoining said Premises, and
<br />any other interests in property constituting appurtenances to the Premises, or which hereafter
<br />shall in any way accrue, belong, relate or be appurtenant thereto, and (b) all hereditaments,
<br />-2-
<br />003.302830.1
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