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201901174
<br />substitution or replacement therefor being hereinafter referred to as the "TIF Term Note" and the
<br />Building Term Note and Equipment Term Notes being hereinafter referred to collectively as the
<br />"Notes" and individually as a "Note");
<br />WHEREAS, the Borrowers and their subsidiaries may from time to time (i) enter into with
<br />one or more agreements with Beneficiary, or its affiliates, with respect to (a) any and all rate
<br />swap transactions, basis swaps, credit derivative transactions, forward rate transactions,
<br />commodity swaps, commodity options, forward commodity contracts, equity or equity index
<br />swaps or options, bond or bond price or bond index swaps or options or forward bond or forward
<br />bond price or forward bond index transactions, interest rate options, forward foreign exchange
<br />transactions, cap transactions, floor transactions, collar transactions, currency swap transactions,
<br />cross -currency rate swap transactions, currency options, fixed-price physical delivery contracts,
<br />whether or not exchange traded, or any other similar transactions or any combination of any of
<br />the foregoing (including any options to enter into any of the foregoing), whether or not any such
<br />transaction is governed by or subject to any master agreement, including any agreement, contract
<br />or transaction that constitutes a "swap" within the meaning of section 1 a(47) of the Commodity
<br />Exchange Act, and (b) any and all transactions of any kind, and the related confirmations, which
<br />are subject to the terms and conditions of, or governed by, any form of master agreement
<br />published by the International Swaps and Derivatives Association, Inc., any International Foreign
<br />Exchange Master Agreement or any other master agreement, including any such obligations or
<br />liabilities under any such master agreement (such agreements as the same may be amended or
<br />modified from time to time being hereinafter referred to as "Lender -Provided Swaps" and the
<br />liability of the Borrowers and their subsidiaries in respect of such Lender Provided Swaps being
<br />hereinafter referred to as "Swap Liability") and (ii) enter into one or more agreements with
<br />Beneficiary, or its affiliates, with respect to any banking services that are provided to any
<br />Borrower, including without limitation: (a) credit cards, (b) credit card processing services,
<br />(c) debit cards, (d) purchase cards, (e) stored value cards, (f) freight payable transactions,
<br />(g) automated clearing house or wire transfer services, or (h) treasury management, including
<br />controlled disbursement, consolidated account, lockbox, overdraft, return items, sweep and
<br />interstate depository network services (such agreements as the same may be amended or
<br />modified from time to time being hereinafter referred to as "Cash Management Agreements" and
<br />the liability of the Borrower and their subsidiaries in respect of such Funds Transfer and Deposit
<br />Account Agreements being hereinafter referred to as "Cash Management Liability");
<br />WHEREAS, pursuant to a Ground Lease dated April 1, 2018 (together with all extensions,
<br />supplements and amendments thereto, the "Lease"), a memorandum of which was recorded on
<br />Pa) 28,2019 as 2016\ - Oi sq a in the Office of the Recorder for Hall County, Nebraska
<br />executed by Real Estate, as lessor ("Lessor"), and Grantor, as lessee, Grantor leased from Lessor
<br />that certain real property described in Granting Clause I hereof;
<br />WHEREAS, as a condition to extending credit to the Borrowers under the Credit
<br />Agreement or entering into any Lender -Provided Swaps or Cash Management Agreements,
<br />Beneficiary has required, among other things, that Grantor grant to Trustee for the benefit of
<br />Beneficiary a lien on the real property of Grantor described herein and to Beneficiary a security
<br />interest in the personal property of Grantor described herein, in each case subject to the terms and
<br />conditions hereof;
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