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<br /> herewith and payable to the order of thc respective T.enders narned thereon, wh�reby ^�:
<br /> Grantor promises to pay the principal sum set forth thereon on December 31, 2001 with .r-
<br /> ineerest as set forth in the Credit Agreement, (ii) the Term Credit is evidenced and to be r-
<br /> evidenccd by Term Credit notes(the "Terrn Credlt Notes") aggregating $45,250,QOU bearing ,,; ��`
<br /> even date herewith and payable to the order of the respective Lenders named thereon, e
<br />; whereby Grantor promnses to pay the principal sum see forth thercon, with interest as set ^�
<br /> forth in the Credit Agreement,in installmen�c as set forth thcrein with a�nal maturity uf ,�
<br /> principal and interest not required to be sooner paid of December 31, 2001 and (iu) the =
<br /> Letters of Credit are to be respecdvely issued upon an�d subject to the terms of applications '�.,ry
<br /> _ and agreeme��ts far L�ttcrs of Credit to be executed by the Grantor (individually an ,,_
<br /> "Applicat�o�t and collecdvely the "Applicativns") (the Revalving Credit Notes and Tern� � ,,_
<br /> Credit Notes,and any and all notes issued in renewal thereof or in substitueion or • �� �
<br /> . replacement therefor being hereinafter collectively refened to as the "Notes"); z T
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<br /> �� NOW, THEREFORE, for and in considerauon of the execudon and delivery by the _
<br /> " � Lenders of the Credit Agreement, and oth�r good and valua'ole consideration, receipt �i�`
<br /> whereof is hereby acknowledged,the Grantor,to secure (i)the payment of the principal and , Y, •�.
<br /> premium, if any,of and interest on the Notes as and when the same become due and payable �j'' �-`�"
<br /> " (whether by lapse of drne,acceleration or otherwise), (ii) the reimbursement to Beneficiary
<br /> ° ^ �'• ut th� �•,�p�r .,f a�v and all sums — '"� --
<br /> of any amounts drawn under the i.ecicr� o� �r�uii, ("') �»,•• --•- . ( _; �
<br /> payable under or according to the provisions of the Credit Agreement or the Appacations,
<br /> „ (iv) the payment of all other indebtedness, obligations and liabilities which this Indenture I
<br /> secures pursuant to any of its terms and(v)the observance and performance of all covenants ; ',
<br /> and agreements contained herein or in the Notes or in the Credit Agreement or in the ;., ,�.�;
<br /> Applicadons or in any other instrument or document at any rime evidencing or securing any
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<br /> of the foregoing or setting forth terms and conditions applicable therero (all of such :.,��:`�
<br /> � indebtedness, obligations and liabilities identified in (i), (ii), (iii), (iv) and (v) above being I ::J�
<br /> �� hereinafter collectivsly referred to as the "indebtedness hereby secured"; provided, . ,
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<br /> � however, chat "indebtedness hereby secured" shall not include any sums paid by Grantor t.,. -
<br /> pursuant to Secdon 6 hereof in respect of any taxes,assessments,fees ar impositions levied, , �. ..
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<br /> � assessed or charged by the State of Nebraska pursuant to Article 14 of Chapter 77 of the i �
<br /> � Revised Statutes of Nebraska and any interest paid thereon), and in consideration of the I �7
<br /> ' properiy and rights convey�d and the sum of One Dollar in hand well and uuly paid by � . �f;
<br /> � T�ustee, the receipt of whick� is hereby acknowledged, Grantor has granted, bargained, sold, I ,�,
<br /> F� conveyed, assigned, pledged,hypothecated, alienated, released,transferred and confirmed, ��
<br /> - and by these presents does her�by grant, bargain, sell, convey, assign, pledge, hypathecate, �
<br /> ��►'• Y,
<br />'� alien, release, transfer and confirm, unto Trustee WITH POWER OF SALB, and to Trustee's °
<br /> . successors and assigns forever, and does hereby grant to Trnstee, Trustee's successors and �
<br /> assigns(but as to all personal property described below,to the�eneficiary and its successors �
<br /> and assigns as hereinbelow provided) forever, a security interest in all and singular the ;
<br /> properties, rights, interests and privileges described in Granting Clauses 1, II, III, IV, V and , .
<br /> • VI below,all of the same being eollecuvely refened to herein as die "Nlortgaged Premises":
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