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<br />200602440
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<br />DEED OF TRUST. ASSIGNMENT. SECURITY AGREEMENT AND FIXTURE FILING
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<br />This Deed of Trust, Assignment, Security Agreement and Fixture Filing is made as of the 8th day
<br />of March, 2006, by BM&M, L.L.C. ("Grantor"), whose address is 1001 S. 7th Street Trafficway, Kansas
<br />City, Kansas 66105-0000, to Scott A. Meyerson ("Initial Trustee"), whose address is 1299 Farnam Street,
<br />Suite 1501, Omaha, Nebraska 68102, and in favor of Bank of America, N.A., a national banking
<br />association ("Lender"), whose address is MO 1-800-07 -05, 800 Market Street, St. Louis, Missouri, 63101.
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<br />RECITALS
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<br />Grantor has requested that Lender make the Facility No.2 Commitment (as hereinafter defined)
<br />to Grantor. As a condition precedent to making the Facility No.2 Commitment, Lender has required that
<br />Grantor execute and deliver this Deed of Trust, Assignment, Security Agreement and Fixture Filing to
<br />Trustee and Lender.
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<br />GRANTS AND AGREEMENTS
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<br />Now, therefore, in order to induce Lender to make the Facility No.2 Commitment to Grantor,
<br />Grantor agrees as follows:
<br />
<br />Article I
<br />Definitions.
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<br />As used in this Deed of Trust, the terms defined in the Preamble hereto shall have the respective
<br />meanings specified therein, and the following additional tenns shall have the meanings specified:
<br />
<br />"Accessories" means all fixtures, equipment, systems, machinery, furniture, furnishings,
<br />appliances, inventory, goods, building and construction materials, supplies and other articles of personal
<br />property, of every kind and character, tangible and intangible (including software embedded therein), now
<br />owned or hereafter acquired by Grantor, which are now or hereafter attached to or situated in, on or about
<br />the Land or Improvements, or used in or necessary to the complete and proper planning, development,
<br />use, occupancy or operation thereof, or acquired (whether delivered to the Land or stored elsewhere) for
<br />use or installation in or on the Land or Improvements, and all Additions to the foregoing, all of which are
<br />hereby declared to be pennanent accessions to the Land.
<br />
<br />"Accounts" means all accounts of Grantor within the meaning of the Unifonn Commercial Code
<br />of the State, derived from or arising out of the use, occupancy or enjoyment of the Property or for services
<br />rendered therein or thereon.
<br />
<br />"Additions" means any and all alterations, additions, accessions and improvements to property,
<br />substitutions therefor, and renewals and replacements thereof.
<br />
<br />"Claim" means any liability, suit, action, claim, demand, loss, expense, penalty, fine, judgment or
<br />other cost of any kind or nature whatsoever, including fees, costs and expenses of attorneys, consultants,
<br />contractors and experts.
<br />
<br />"Condemnation" means any taking of title to, use of, or any other interest in the Property under
<br />the exercise of the power of condemnation or eminent domain, whether temporarily or pennanently, by
<br />any Governmental Authority or by any other Person acting under or for the benefit of a Governmental
<br />Authority.
<br />
<br />"Condemnation Awards" means any and all judgments, awards of damages (including severance
<br />and consequential damages), payments, proceeds, settlements, amounts paid for a taking in lieu of
<br />Condemnation, or other compensation heretofore or hereafter made, including interest thereon, and the
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<br />Hall County, Nebraska
<br />0803/759402 0518/6758724.2
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