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202402891
<br />to human health or the environment when improperly used, treated, stored, disposed of, generated,
<br />manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very
<br />broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as
<br />defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without
<br />limitation, petroleum and petroleum by-products or any fraction thereof and asbestos.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures,
<br />mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the
<br />Real Property.
<br />Indebtedness. The word "Indebtedness" means: (a) all principal, interest, and other amounts, costs and
<br />expenses payable under the Notes and/or Related Documents, together with all renewals of, extensions of,
<br />modifications of, consolidations of and substitutions for the Notes and Related Documents; (b) any amounts
<br />expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by Trustee or Lender
<br />to enforce Trustor's obligations under this Deed of Trust, together with interest on such amounts as provided in
<br />this Deed of Trust; and (c) any and all other indebtedness, obligations and liabilities of Trustor to Lender of any
<br />nature whatsoever, whether arising out of contract, tort, or otherwise, including, without limitation, obligations
<br />arising under any and all present and future loans, advances and/or other extensions of credit obtained and/or to
<br />be obtained by Trustor from Lender, and any and all present and future guaranties made by Trustor in favor of
<br />Lender, and any and all instruments and agreements evidencing such present and/or future loans, advances,
<br />other extensions of credit and/or guaranties, together with interest, costs, expenses, attorneys' fees and other
<br />fees and charges. Specifically, without limitation, Indebtedness includes the future advances set forth in the
<br />Future Advances provision, together with all interest thereon and all amounts that may be indirectly secured by
<br />the Cross -Collateralization provision of this Deed of Trust.
<br />Lender. The word "Lender" means NebraskaLand Bank, its successors and assigns,
<br />Notes. The word "Notes" means (a) the Construction Loan Promissory Note, of even date herewith, in the
<br />original principal amount of $10,500,000.00 from Trustor to Lender, together with all renewals of, extensions
<br />of, modifications of, refinancings of, consolidations of, and substitutions for such Construction Loan
<br />Promissory Note, and (b) the TIF Loan Promissory Note, of even date herewith, in the original principal amount
<br />of $2,450,000.00 from Trustor to Lender, together with all renewals of, extensions of, modifications of,
<br />refinancings of, consolidations of, and substitutions for such TIF Loan Promissory Note.
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal
<br />property now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property;
<br />together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such
<br />property; and together with all proceeds (including without limitation all insurance proceeds and refunds of
<br />premiums) from any sale or other disposition of the Property.
<br />Property. The word "Property" means collectively the Real Property and the Personal Property.
<br />Real Property. The words "Real Property" mean the real property, interests and rights, as further described in
<br />this Deed of Trust.
<br />Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan
<br />agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security
<br />deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter
<br />existing, executed in connection with the Indebtedness. Specifically, without limitation, Related Documents
<br />include (a) the Construction Loan Agreement, of even date herewith, by and between Borrower and Lender,
<br />relating to a construction loan in the amount of up to $10,500,000.00, (b) the Business Loan Agreement, of even
<br />date herewith, by and between Borrower and Lender, relating to a loan in the amount of up to $2,450,000.00,
<br />(c) the Notes, (d) the Collateral Assignment of Redevelopment Contract and TIF Note, of even date herewith,
<br />by and between Borrower and Lender, (e) the Consent to Collateral Assignment of Redevelopment Contract and
<br />TIF Note, of even date herewith, by and between Borrower, Lender and the Community Redevelopment
<br />Authority of the City of Grand Island, Nebraska, (f) the Assignment of TIF Note, of even date herewith, by
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