|
2003055'9
<br />pursuant to which the Grantor has obtained the agreement of any Person to
<br />purchase any of the Trust Property or any interest therein (hereinafter collectively
<br />referred to as "Contracts for Sale ") and all income, profits, benefits, avails,
<br />advantages and claims against any guarantors under any thereof.
<br />GRANTING CLAUSE XII.
<br />Further Property. All estate, right, title and interest of the Grantor in, to,
<br />under or derived from the Trust Property hereafter acquired by the Grantor, and
<br />all right, title and interest of the Grantor in, to, under or derived from all
<br />extensions, improvements, betterments, renewals, substitutions and replacements
<br />of, and additions and appurtenances to, any of the Trust Property hereafter
<br />acquired by or released to the Grantor or constructed or located on, or attached to,
<br />the Property, in each case, immediately upon such acquisition, release,
<br />construction, location or attachment, without any further conveyance, Deed of
<br />Trust, assignment or other act by the Grantor; and all estate, right, title and
<br />interest of the Grantor in, to, under or derived from any other property and rights
<br />which are, by the provisions of the Financing Documents, required to be subjected
<br />to the Lien hereof; and all right, title and interest of the Grantor in, to, under or
<br />derived from all other property and rights which are by any instrument or
<br />otherwise subjected to the Lien hereof by the Grantor or by anyone acting on its
<br />behalf.
<br />TO HAVE AND TO HOLD the Trust Property unto the Beneficiary, its
<br />successors and assigns, forever, under and subject to the terms and conditions of
<br />this Deed of Trust for the benefit of the Secured Parties and for the security and
<br />enforcement of the prompt and complete payment and performance when due of
<br />all of the Secured Obligations and the performance and observance by the
<br />Obligors of all covenants, obligations and conditions to be performed or observed
<br />by the Obligors pursuant to the Credit Agreement, the Notes, the Subsidiary
<br />Guaranty and the Security Documents;
<br />TO HAVE AND TO HOLD the Trust Property which is personal property
<br />covered by the UCC, together with all estate, right, title and interest of the
<br />Grantor in, to, under or derived from the Trust Property which is personal
<br />property covered by the UCC and all rights and appurtenances relating thereto, to
<br />the Beneficiary and its successors as Administrative Agent under the Credit
<br />Agreement forever;
<br />PROVIDED, HOWEVER, that this Deed of Trust is upon the condition
<br />that, if the Obligors shall pay in full all of the Secured Obligations and perform
<br />and observe all such covenants, obligations and conditions, and if all of the
<br />Commitments under the Credit Agreement shall have been terminated and all of
<br />the Letter of Credit exposures thereunder reduced to zero, this Deed of Trust shall
<br />cease, terminate and, thereafter, be of no further force or effect (except as
<br />provided in Sections 4.01, 4.02 and 5.06 hereof); otherwise this Deed of Trust
<br />shall remain and be in full force and effect.
<br />10
<br />(NY) 04675 / 120 /REAL/NEBRASKA/form.dot.NE.doc
<br />
|