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<br />(a) "Event of Default ": shall have the meaning ascribed to
<br />such term in Article 4 hereof.
<br />(b) "Indebtedness ": All obligations of Grantor and any of the
<br />Borrowers to Beneficiary, including, without limitation, (1) the repayment of all amounts
<br />outstanding from time to time under the Loan Agreement and the other Note Documents,
<br />with such indebtedness maturing on the date set forth in the Note Documents, including
<br />principal, interest ( including all interest that, but for the provisions of the Bankruptcy
<br />Code, would have accrued), (2) the full and prompt performance of any and all
<br />repayment, fee, and indemnification obligations, ( 3) fees, costs, expenses, charges and
<br />indemnification obligations accrued, incurred or arising in connection with any Note
<br />Document, (4) any and all future advances made pursuant to the terms of the Note
<br />Documents, and (5) all other payment Obligations.
<br />(c) "Obligations ": All of the agreements, covenants,
<br />conditions, warranties, representations and other obligations of Grantor and the
<br />Borrowers under the Loan Agreement and the other Note Documents.
<br />(d) "Permitted Liens ": shall have the meaning ascribed to
<br />such term in the Loan Agreement.
<br />(e) "Trust Property ": All of Grantor's interest in (1) the fee
<br />interest in the real property described in Exhibit A attached hereto and incorporated
<br />herein by this reference, together with any greater estate therein as hereafter may be
<br />acquired by Grantor (the "Land "), (2) all improvements now owned or hereafter acquired
<br />by Grantor, now or at any time situated, placed or constructed upon the Land (the
<br />"Improvements "; the Land and Improvements are collectively referred to herein as the
<br />"Premises "), (3) all materials, supplies, equipment, apparatus and other items of personal
<br />property now owned or hereafter acquired by Grantor and now or hereafter attached to or
<br />installed in any of the Improvements or the Land, and water, gas, electrical, telephone,
<br />storm and sanitary sewer facilities and all other utilities whether or not situated in
<br />easements (the "Fixtures "), (4) all reserves, escrows or impounds required under the
<br />Loan Agreement and all deposit accounts maintained by Grantor with respect to the Trust
<br />Property (the "Deposit Accounts "), (5) all existing and future leases, subleases, licenses,
<br />concessions, occupancy agreements or other agreements (written or oral, now or at any
<br />time in effect) which grant to any Person a possessory interest in, or the right to use or
<br />occupy, all or any part of the Trust Property, whether made before or after the filing by or
<br />against Grantor of any petition for relief under the Bankruptcy Code, together with any
<br />extension, renewal or replacement of the same and together with all related security and
<br />other d eposits ( the " Leases "), ( 6) all o f the rents, additional rents, revenues, royalties,
<br />income, proceeds, profits, early termination fees or payments, security and other types of
<br />HALL COUNTY, NE 2
<br />LAl 570091v2
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