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and all rights and claims of any kind that Borrower may have against any tenant under the Leases
<br />or in connection with the termination or rejection of the Leases in a bankruptcy or insolvency
<br />proceeding;
<br />(e) plans, specifications, contracts and agreements relating to the design or
<br />construction of the Improvements; Borrower's rights under any payment, performance, or other
<br />bond in connection with the design or construction of the Improvements; all landscaping and
<br />construction materials, supplies, and equipment used or to be used or consumed in connection
<br />with construction of the Improvements, whether stored on the Premises or at some other
<br />location; and contracts, agreements, and purchase orders with contractors, subcontractors,
<br />suppliers, and materialmen incidental to the design or construction of the Improvements;
<br />(f) all contracts, accounts, rights, claims or causes of action pertaining to or affecting
<br />the Premises or the Improvements, including, without limitation, all options or contracts to
<br />acquire other property for use in connection with operation or development of the Premises or
<br />Improvements, management contracts, service or supply contracts, deposits, bank accounts,
<br />general intangibles (including without limitation trademarks, trade names and symbols), permits,
<br />licenses, franchises and certificates, and all commitments or agreements, now or hereafter in
<br />existence, intended by the obligor thereof to provide Borrower with proceeds to satisfy the loan
<br />evidenced hereby or improve the Premises or Improvements, and the right to receive all proceeds
<br />due under such commitments or agreements including refundable deposits and fees;
<br />(g) all books, records, surveys, reports and other documents related to the Premises,
<br />the Improvements, the Leases, or other items of collateral described herein; and
<br />(h) all additions, accessions, replacements, substitutions, proceeds and products of the
<br />real and personal property, tangible and intangible, described herein.
<br />All of the foregoing described collateral is exclusive of any equipment, inventory,
<br />furniture, furnishings or trade fixtures owned and supplied by tenants of the Premises. The
<br />Premises, the Improvements, the Leases and all of the rest of the foregoing property are herein
<br />referred to as the "Property."
<br />TO HAVE AND TO HOLD the above - described Property unto Trustee for the benefit of
<br />Lender and its successors and assigns forever.
<br />TO SECURE TO Lender (a) the repayment of the indebtedness evidenced by that certain
<br />Promissory Note dated of even date herewith from Borrower, as maker, to Lender, as payee, in
<br />the principal sum of Two Hundred Thirty -Eight Thousand Dollars ($238,000.00), with interest
<br />thereon prior to default at the rate of eight and eighty hundredths percent (8.80 %) per annum,
<br />and otherwise as set forth therein, having a scheduled final maturity date of January 1, 2013, and
<br />all renewals, extensions and modifications thereof (herein "Note "); (b) the repayment of any
<br />future advances, with interest thereon, made by Lender to Borrower pursuant to Section 30
<br />hereof (herein "Future Advances "); (c) the payment of all other sums, with interest thereon,
<br />advanced in accordance herewith to protect the security of this Instrument or to fulfill any of
<br />Borrower's obligations hereunder or under the other Loan Documents (as defined below); (d) the
<br />performance of the covenants and agreements of Borrower contained herein or in the other Loan
<br />3
<br />01- 288814.04
<br />Grand Island, NE
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