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200110903 "Impositions" means all taxes, assessments, vault, water and sewer rents, rates, charges and assessments, levies, permits, inspection and license fees and other governmental and quasi - governmental charges and any penalties or interest for non - payment thereof, heretofore or hereafter imposed which may become a lien upon the Trust Property. "Improvements" has the meaning set forth in the Granting Clauses. "Land" has the meaning set forth in the Granting Clauses. "Lender" has the meaning set forth in the Recitals. "Maximum Amount" has the meaning set forth in Section 2.01. "Notice" has the meaning set forth in Section 8.03 "Permitted Encumbrances" has the meaning set forth in Section 3.02. "Premises" has the meaning set forth in the Granting Clauses. "Rents" has the meaning set forth in the Granting Clauses. "Secured Obligations" has the meaning set forth in Section 2.01. "Subordinate Leases" has the meaning set forth in the Granting Clauses. "Trust Property" has the meaning set forth in the Recitals. "Trustee" has the meaning set forth in the Recitals. ARTICLE II Obligations Secured SECTION 2.01. Obligations Secured. This Deed of Trust is given for the purpose of securing the payment of all obligations of every kind and character now or hereafter existing, whether matured or unmatured, contingent or liquidated of Grantor and Borrower, in respect of: (i) the Credit Agreement and the other Loan Documents and (ii) this Deed of Trust; provided, however, that the aggregate amount of the above obligations the payment of which is secured by this Deed of Trust (exclusive of advances made to protect the lien of this Deed of Trust) shall not exceed at any time the amount of Three Hundred Twenty Million Dollars ($320,000,000) (the "Maximum Amount "). All of the obligations described in this Section are referred to as the "Secured Obligations ", which shall become due and payable no later than the Termination Date (as defined in the Credit Agreement). This Deed of Trust shall be deemed to be and shall be enforceable as a deed of trust, assignment of leases and rents, security agreement, fixture filing and financing statement. Grantor, by the granting of this Deed of Trust, confirms that it is the intention of Grantor that the Secured Obligations of Grantor hereunder not constitute NYDOCS03/596673.1 5 HALL COUNTY, NEBRASKA