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202300986
<br />"Security Agreement" means the Security Agreement dated of even date herewith executed and
<br />delivered by Borrowers to Lender, as the same may from time to time be extended, amended, restated,
<br />supplemented or otherwise modified.
<br />"State" means the State of Nebraska.
<br />"Tax Certiorari" means all refunds, rebates, or credits in connection with reduction in Taxes
<br />charged against the Property as a result of tax certiorari or any applications or proceedings for reduction.
<br />"Taxes" means all taxes and assessments, whether general or special, ordinary or extraordinary, or
<br />foreseen or unforeseen, which at any time may be assessed, levied, confirmed or imposed by any
<br />Governmental Authority or any community facilities or other private district on Grantor or on any of its
<br />properties or assets or any part thereof or in respect of any of its franchises, businesses, income or profits.
<br />"Transfer" means any direct or indirect sale, assignment, conveyance or transfer, including any
<br />Contract of Sale and any other contract or agreement to sell, assign, convey, mortgage, grant, bargain,
<br />encumber, pledge, transfer, or grant any options, whether made voluntarily or by operation of Law or
<br />otherwise, and whether made with or without consideration, and includes any sale, transfer, conveyance,
<br />gift, devise, or assignment of 10% or more of Grantor's membership interests and/or a controlling voting
<br />interest in Grantor.
<br />"Trustee" means the Trustee listed above or its successor in trust who may be acting under and
<br />pursuant to this Deed of Trust from time to time.
<br />Any capitalized term used but not defined in this Deed of Trust will have the meaning given to such term
<br />in the Loan Agreement.
<br />Section 2.1
<br />Article II
<br />Granting Clauses; Condition of Grant.
<br />Conveyances and Security Interests.
<br />In order to secure the prompt payment and performance of the Obligations, whether now or
<br />hereafter existing, Grantor (a) grants, transfers, assigns, bargains and sells, conveys, and confirms the Real
<br />Property unto Trustee IN TRUST for the benefit of Lender WITH POWER OF SALE and right of entry
<br />and possession, to have and to hold the Real Property unto Trustee in fee simple forever; provided that
<br />Grantor may retain possession of the Real Property until the occurrence of an Event of Default, and Grantor
<br />grants to Trustee for the benefit of Lender a Lien on all Additions and future interests Grantor may have in
<br />the Real Property, including, but not limited to, leasehold interests; (b) grants to Lender a security interest
<br />in the Personalty; (c) assigns to Lender, and grants to Lender a security interest in, all Proceeds; and (d)
<br />assigns to Lender, and grants to Lender a security interest in, all of Grantor's right, title and interest in, but
<br />not any of Grantor's obligations or liabilities under, all Design and Construction Contracts and the Proceeds
<br />of any Contracts of Sale. All Persons who may have or acquire an interest in all or any part of the Property
<br />will be deemed to have notice of, and will be bound by, the terms of the Obligations and each other
<br />agreement or instrument made or entered into in connection with each of the Obligations. Such terms
<br />include any provisions in the Loan Agreement which provide that the interest rate on one or more of the
<br />Obligations may vary from time to time.
<br />This Deed of Trust is given for the purpose of securing the payment of all Obligations (of every
<br />kind and character now or hereafter existing, whether matured or unmatured, contingent or liquidated) of
<br />Grantor to Lender. Grantor shall comply with all covenants set forth in the Loan Agreement relating to
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