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200313159 PROVIDED NEVERTHELESS, that if Trustor, Trustor's administrators, personal representatives, successors or assigns, shall pay to Beneficiary, its successors or assigns, the sum of Thirty Million and 00 /100 Dollars ($30,000,000.00), according to the terms of that certain Credit and Security Agreement, that certain Revolving Note in the amount of $22,500,000.00 and that certain Term Note in the amount of $7,500,000.00 (hereinafter collectively referred to as the "Note ") of even date herewith, the terms and conditions of which are incorporated herein by reference and made a part hereof, together with any extensions or renewals thereof, due and payable with interest thereon as provided therein, the balance of said principal sum together with interest thereon being due and payable in any event on September 30, 2006, and shall repay to Beneficiary, its successors or assigns, at the times demanded and with interest thereon at the same rate specified in the Note, all sums advanced in protecting the lien of this Deed of Trust, in payment of taxes on the Premises, in payment of insurance premiums covering improvements thereon, in payment of principal and interest on prior liens, in payment of expenses and attorneys' fees herein provided for and all sums advanced for any other purpose authorized herein (the Note and all such sums, together with interest thereon, being hereinafter collectively referred to as the "Indebtedness "), and shall keep and perform all of the covenants and agreements herein contained, then this Deed of Trust shall become null and void, and shall be released at Trustor's expense. AND IT IS FURTHER COVENANTED AND AGREED AS FOLLOWS: ARTICLE 1. GENERAL REPRESENTATIONS AND WARRANTIES SECTION 1.1 Representations and Warranties. Trustor represents and warrants to Beneficiary, its successors and assigns that as of the date hereof: (a) Trustor is a corporation duly organized, validly existing and in good standing under the laws of the State of Nebraska, and has all requisite power and authority to own and operate the Premises, to enter into the Note, this Deed of Trust and any other document securing the Note, to execute all other documents relating to the Indebtedness and make all representations and covenants contained in such documentation. The Note, this Deed of Trust, the Credit and Security Agreement by and between Trustor and Beneficiary of even date herewith ( "Credit and Security Agreement ") and all other documents, instruments and agreements relating to any of them or evidencing or securing the Indebtedness are herein sometimes collectively referred to as the "Loan Documents." Trustor has the power and authority to borrow the monies and otherwise assume and perform as contemplated hereunder and under the Loan Documents, and is in compliance with all laws, regulations, ordinances and orders of public authorities applicable to it. (b) Neither the borrowing of the monies nor the execution and delivery of the Loan Documents nor the performance of the provisions of the agreements therein contained on the part of Trustor will contravene, violate or constitute a default 15311/53;09/30/03 - 4 -