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201901173 <br />the operation, maintenance and protection thereof, including but not limited to all machinery, <br />motors, fittings, radiators, awnings, shades, screens, all gas, coal, steam, electric, oil and other <br />heating, cooking, power and lighting apparatus and fixtures, all fire prevention and extinguishing <br />equipment and apparatus, all cooling and ventilating apparatus and systems, all plumbing, <br />incinerating, and sprinkler equipment and fixtures, all elevators and escalators, all <br />communication and electronic monitoring equipment, all window and structural cleaning rigs and <br />all other machinery and equipment of every nature and fixtures and appurtenances thereto and all <br />items of furniture, appliances, draperies, carpets, other furnishings, equipment and personal <br />property used or useful in the operation, maintenance and protection of the said real estate and <br />the buildings and improvements now or hereafter located thereon and all renewals or <br />replacements thereof or articles in substitution therefor, whether or not the same are or shall be <br />attached to said real estate, buildings or improvements in any manner, and all proceeds thereof; it <br />being mutually agreed, intended and declared that all the aforesaid property shall, so far as <br />permitted by law, be deemed to form a part and parcel of the real estate and, for the purpose of <br />this Deed of Trust, to be real estate and covered by this Deed of Trust; and as to the balance of <br />the property aforesaid, this Deed of Trust is hereby deemed to be as well a security agreement <br />under the provisions of the Uniform Commercial Code of the State of Nebraska for the purpose <br />of creating hereby a security interest in said property, which is hereby granted by Grantor as <br />debtor to Beneficiary as secured party, securing the indebtedness hereby secured. The addresses <br />of Grantor (debtor) and Beneficiary (secured party) appear at the beginning hereof. <br />GRANTING CLAUSE III <br />All right, title and interest of Grantor now owned or hereafter acquired in and to all and <br />singular the estates, tenements, hereditaments, privileges, easements, licenses, franchises, <br />appurtenances and royalties, mineral, oil, and water rights belonging or in any wise appertaining <br />to the property described in the preceding Granting Clause I and the buildings and improvements <br />now or hereafter located thereon and the reversions, rents, issues, revenues and profits thereof, <br />including all interest of Grantor in all rents, issues and profits of the aforementioned property and <br />all rents, issues, profits, revenues, royalties, bonuses, rights and benefits due, payable or accruing <br />(including all deposits of money as advanced rent or for security) under any and all leases or <br />subleases and renewals thereof, or under any contracts or options for the sale of all or any part of, <br />said property (including during any period allowed by law for the redemption of said property <br />after any foreclosure or other sale), together with the right, but not the obligation, to collect, <br />receive and receipt for all such rents and other sums and apply them to the indebtedness hereby <br />secured and to demand, sue for and recover the same when due or payable; provided that the <br />assignments made hereby shall not impair or diminish the obligations of Grantor under the <br />provisions of such leases or other agreements nor shall such obligations be imposed upon Trustee <br />or Beneficiary. By acceptance of this Deed of Trust, Trustee agrees, not as a limitation or <br />condition hereof, but as a personal covenant available only to Grantor that until an Event of <br />Default (as hereinafter defined) shall occur giving Trustee the right to foreclose this Deed of <br />Trust, Grantor may collect, receive (but not more than 30 days in advance) and enjoy such rents. <br />-4- <br />