Laserfiche WebLink
200407974 <br />Lender to the Grantor under the Revolving Credit as increased pursuant to the Amendment with <br />a final maturity date of June 30, 2007, as the same may be extended in accordance with the terms <br />of the Credit Agreement; and <br />WHEREAS, the Grantor may from time to time enter into one or more interest rate <br />exchange, cap, collar, floor or other agreements with one or more of the Lenders or their <br />affiliates, for the purpose of hedging or otherwise protecting the Grantor against changes in <br />interest rates (the liability of the Grantor in respect of such agreements with such Lenders and <br />their affiliates, to the extent permitted by the terms of the Credit Agreement and with the consent <br />of the Beneficiary thereunder, being hereinafter referred to as the "Hedging Liability ") (the <br />affiliates of the Lenders to which any Hedging Liability is owed, together with the Lenders and <br />the Beneficiary being collectively referred to herein as the ( "Secured Creditors "); <br />WHEREAS, as a condition to the Lenders' execution of the Amendment, and making <br />certain other financial accommodations to the Grantor, Beneficiary requires the Grantor, and to <br />accommodate that requirement the Grantor desires by this Supplement, to confirm and assure <br />that the real estate and other properties, rights, interests, and privileges of the Grantor which are <br />currently subject to the lien of the Indenture be and constitute collateral security for the <br />indebtedness arising under the Credit Agreement as amended by the Amendment and New <br />Notes, whether now existing or hereafter arising; and <br />WHEREAS, the Indenture is to continue to secure all indebtedness now secured thereby, <br />this Supplement being executed and delivered to confirm and assure the foregoing; <br />Now, THEREFORE, for and in consideration of the execution and delivery by the Grantor <br />of this Supplement, and other good and valuable consideration, the receipt and sufficiency of <br />which are hereby acknowledged, the Indenture is hereby amended as follows, to wit: <br />1. To secure (i) the payment of the principal and premium, if any, of and interest on <br />the New Notes as and when the same become due and payable (whether by lapse of time, <br />acceleration or otherwise), (ii) the reimbursement to Beneficiary of any amounts drawn under the <br />Letters of Credit, (iii) the payment of any and all sums payable under or according to the <br />provisions of the Credit Agreement or the Applications, (iv) any and all liability of the Grantor <br />arising under or in connection with or otherwise evidenced by agreements with any one or more <br />of the Secured Creditors with respect to any Hedging Liability, and (v) the observance and <br />performance of all covenants and agreements contained herein or in the Notes or in the Credit <br />Agreement or in the Applications or in any other instrument or document at any time evidencing <br />or securing any of the foregoing or setting forth terms and conditions applicable thereto (all of <br />such indebtedness, obligations and liabilities identified in (i), (ii), (iii), (iv) and (v) above being <br />hereinafter collectively referred to as the "indebtedness hereby secured "), Grantor does hereby <br />grant, bargain, sell, convey, mortgage, warrant, assign, and pledge unto Beneficiary, its <br />successors and assigns, and grant to Beneficiary, and its successors and assigns, a security <br />interest in all and singular that certain real estate lying and being in Hall County in the State of <br />Nebraska described on Schedule I attached hereto and made a part hereof, together with all of the <br />properties, rights, interests and privileges described in Granting Clauses I, II, III, IV, V and VI of <br />the Indenture each and all of such Granting Clauses being hereby incorporated by reference <br />-3- <br />