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202107049 <br />(b) Borrower will pay when due all lawful claims and demands of mechanics, <br />materialmen, laborers, and others which might result in the creation of a lien on the Property. <br />Section 1.06. Conversion of Security. All right, title and interest of Borrower in and to all <br />extensions, improvements, betterments, renewals, substitutions and replacements of, and all additions and <br />appurtenances to, the Property, hereafter acquired by, or released to, Borrower or constructed, assembled <br />or placed by Borrower on the Premises, and all conversions of the security constituted thereby, <br />immediately upon such acquisition, release, construction, assembling, placement or conversion, as the <br />case may be, and in each such case, without any further deed of trust, conveyance, assignment or other act <br />by Borrower, shall become subject to the lien of this Deed of Trust as fully and completely, and with the <br />same effect, as though now owned by Borrower and specifically described in the granting clause hereof, <br />but at any and all times Borrower will execute and deliver to Trustee any and all such further assurances, <br />deeds of trust, conveyances or assignments thereof as Trustee or Beneficiary may reasonably require for <br />the purpose of expressly and specifically subjecting the same to the lien of this Deed of Trust. <br />Section 1.07. Security Agreement and Financing Statement. To the extent allowed by the <br />Nebraska Uniform Commercial Code, as amended from time to time, this Deed of Trust shall be <br />self -operative and constitute a security agreement and a financing statement with respect to the <br />Equipment, together with any proceeds thereof or accessions thereto; provided, however, Borrower <br />hereby agrees to execute and deliver on demand and hereby irrevocably constitutes and appoints <br />Beneficiary the attorney-in-fact of Borrower to execute, deliver and, if appropriate, file with the <br />appropriate filing officer or office such security agreements, financing statements or other instruments as <br />Beneficiary may request or require in order to impose or perfect the lien or security interest hereof more <br />specifically thereon. This Deed of Trust shall be self -operative. This Deed of Trust is to be filed for <br />record in the real property records for Hall County, Nebraska, to serve as a financing statement as <br />indicated herein. For purposes of such financing statement, Borrower is the Debtor and Beneficiary is the <br />Secured Party. From the date of its recording, this Deed of Trust shall be effective as a financing <br />statement filed as a fixture filing with respect to all goods constituting part of the Property which are or <br />are to become fixtures related to the real estate described herein. <br />Section 1.08. No Assignment, Lease, Etc. <br />(a) Borrower will not execute an assignment of any of its right, title or interest in any <br />of its general intangibles or in any other manner impair the value of the Property or the security of <br />this Deed of Trust. <br />(b) Borrower will not execute any lease of all or a substantial portion of the Property <br />other than the Lease and in the manner, if any, permitted by the Agreement, and will at all times <br />promptly and faithfully perform, or cause to be performed, all of the covenants, conditions and <br />agreements contained in all leases of the Property now or hereafter existing, on the part of the <br />lessor thereunder to be kept and performed. <br />Section 1.09. Impositions. Borrower shall pay all taxes (except federal and state income taxes) <br />and any other governmental charges or impositions imposed by any governmental authority or Trustee or <br />Beneficiary by reason of their interests in the Agreement, the Bond or this Deed of Trust. <br />Section 1.10. Subrogation. Beneficiary shall be subrogated for the full amount, notwithstanding <br />their release of record at a discount, to any construction, mechanic's or vendor's lien or liens, superior <br />titles, mortgages, deeds of trust, liens, encumbrances, rights, equities and charges of all kinds heretofore <br />or hereafter existing on the Property to the extent the same are paid or discharged from the proceeds of <br />the loan evidenced by the Agreement and the Bond. <br />4 <br />