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200110903
<br />by the execution and delivery of this Deed of Trust; and
<br />WHEREAS, it has been agreed that the payment and performance of the Secured
<br />Obligations (as hereinafter defined) shall be secured by a deed of trust, assignment of leases and
<br />rents, security agreement, fixture filing and financing statement, as applicable, of certain property
<br />as hereinafter identified.
<br />NOW, THEREFORE, in consideration of the premises and other good and
<br />valuable consideration, the receipt and sufficiency of which are hereby acknowledged, to secure
<br />the punctual payment by Grantor when due, whether at stated maturity, by acceleration or
<br />otherwise, of the Secured Obligations and the performance and observance of all other
<br />covenants, obligations and liabilities of Grantor under this Deed of Trust, as the same may be
<br />extended, modified or renewed or repledged, Grantor does hereby grant, bargain, sell, mortgage,
<br />warrant, convey, alien, remise, release, assign, transfer, set over, deliver, confirm and convey
<br />unto Beneficiary, upon the terms and conditions of this Deed of Trust, in trust with power of
<br />sale and right of entry as provided hereinbelow, each and all of the real properties described in
<br />the Granting Clauses herein (which, together with all other property located therein or described
<br />in the Granting Clauses herein, is hereinafter collectively called the "Trust Property ").
<br />GRANTING CLAUSES
<br />ALL the estate, right, title and interest of Grantor in, to and under, or derived
<br />from, the plots, pieces and parcels of land more particularly described in Exhibit A hereto (the
<br />"Land"
<br />TOGETHER with the tenements, hereditaments, appurtenances and all the estates
<br />and rights of Grantor in and to the Land;
<br />TOGETHER with all buildings and improvements now or hereafter located on the
<br />Land (hereinafter collectively referred to as the "Improvements ") and all right, title and interest,
<br />if any, of Grantor in and to the streets, roads, sidewalks and alleys abutting the Land, and strips
<br />and gores within or adjoining the Land, the air space and right to use said air space above the
<br />Land and any transferable development or similar rights appurtenant thereto, all rights of ingress
<br />and egress by motor vehicles to parking facilities on or within the Land, all easements now or
<br />hereafter affecting the Land, royalties and all rights appertaining to the use and enjoyment of the
<br />Land, including alley, drainage, mineral, water, oil and gas rights;
<br />TOGETHER with all fixtures and all appurtenances and additions thereto and
<br />substitutions or replacements thereof owned by Grantor and now or hereafter attached to the
<br />Premises (as hereinafter defined);
<br />TOGETHER with all property, tangible and intangible, and all additions thereto
<br />and substitutions or replacements thereof owned by Grantor and now or hereinafter contained in,
<br />or used in connection with the Premises or placed on any part thereof though not attached
<br />thereto, to the extent the same constitutes real property in the state in which the Trust Property is
<br />NYDOCS03/596673.1 2 HALL COUNTY, NEBRASKA
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