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202604570
<br />WHEREAS, the Grantor is the owner of the fee simple interest in the real property described on
<br />Exhibit A attached hereto and incorporated herein by reference; and
<br />WHEREAS, the Grantor is required to execute and deliver this Deed of Trust pursuant to the
<br />Credit Agreement.
<br />WITNESSETH:
<br />The Grantor, in consideration of the indebtedness herein recited and other good and valuable
<br />consideration, the receipt and sufficiency of which are hereby acknowledged, has irrevocably granted,
<br />released, sold, remised, bargained, assigned, pledged, warranted, mortgaged, transferred and conveyed,
<br />and does hereby grant, release, sell, remise, bargain, assign, pledge, warrant, mortgage, transfer and
<br />convey to the Trustee and the Trustee's successors and assigns, in trust, with power of sale, for the benefit
<br />of the Agent, all of the Grantor's right, title and interest in and to the following described land, real
<br />property interests, buildings, improvements, fixtures and other collateral:
<br />(a) All that tract or parcel of land and other real property interests in Hall County, Nebraska,
<br />as more particularly described in Exhibit A attached hereto and made a part hereof (the "Land"), and all
<br />of the Grantor's right, title and interest in and to rights appurtenant thereto, including easement rights; and
<br />(b) All buildings and improvements of every kind and description now or hereafter erected or
<br />placed on the Land (the "Improvements") and all materials intended for construction, reconstruction,
<br />alteration and repair of such Improvements now or hereafter erected thereon, all of which materials shall
<br />be deemed to be included within the premises hereby conveyed immediately upon the delivery thereof to
<br />the aforesaid Land, and all fixtures or goods that are or are to become fixtures related to the Land now or
<br />hereafter owned by the Grantor and located on or attached to and used in connection with the aforesaid
<br />Land and Improvements (collectively, the "Fixtures"), all appurtenances to the Land (the
<br />"Appurtenances") and all proceeds and products of the Land, including casualty and condemnation
<br />proceeds (collectively, the "Proceeds") (hereinafter, the Land, the Improvements, the Fixtures, the
<br />Appurtenances and the Proceeds may be collectively referred to as the "Premises").
<br />TO HAVE AND HOLD the same, together with all privileges, hereditaments, easements and
<br />appurtenances thereunto belonging, subject to Permitted Liens, to the Trustee and the Trustee's
<br />successors and assigns to secure the Indebtedness (hereinafter defined) and other obligations herein
<br />recited; provided that, should (i) the Indebtedness secured hereby be paid in full, all Commitments have
<br />expired or terminated and should the Grantor fully discharge its obligations secured hereby and satisfy the
<br />obligations in full or (ii) the conditions set forth in the Credit Agreement for the release of this Deed of
<br />Trust be fully satisfied, the lien and security interest of this Deed of Trust shall cease, terminate and be
<br />void and the Agent shall promptly cause a release of this Deed of Trust to be filed in the appropriate
<br />office; and until such obligations are fully satisfied, it shall remain in full force and effect.
<br />And, as additional security for the Indebtedness, the Grantor hereby irrevocably assigns to the
<br />Agent all the security deposits, rents, issues, profits and revenues of the Premises from time to time
<br />accruing (the "Rents and Profits"), which assignment constitutes a present, absolute and unconditional
<br />assignment and not an assignment for additional security only. Notwithstanding the foregoing, so long as
<br />no Event of Default (as described in Article III) shall exist, the Grantor shall have a license (which license
<br />shall terminate automatically and without notice upon the occurrence and during the continuance of an
<br />Event of Default) to collect, but not prior to accrual, all Rents and Profits. In the event, however, that
<br />Grantor shall cure any such Event of Default, then the license granted under this paragraph shall be
<br />reinstated unless and until another Event of Default occurs, at which time the license shall again
<br />terminate.
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