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<br />200602440
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<br />respect to any insurance relating to such Property, in each case whether now or hereafter existing or
<br />arising.
<br />
<br />"Land" means the real property described in Exhibit A attached hereto and made a part hereof.
<br />
<br />"Laws" means all federal, state and local laws, statutes, rules, ordinances, regulations, codes,
<br />licenses, authorizations, decisions, injunctions, interpretations, orders or decrees of any court or other
<br />Governmental Authority having jurisdiction as may be in effect from time to time.
<br />
<br />"Leases" means all leases, license agreements and other occupancy or use agreements (whether
<br />oral or written), now or hereafter existing, which cover or relate to the Property or any part thereof,
<br />together with all options therefor, amendments thereto and renewals, modifications and guaranties
<br />thereof, including any cash or security deposited under the Leases to secure performance by the tenants of
<br />their obligations under the Leases, whether such cash or security is to be held until the expiration of the
<br />terms of the L~ases or applied to one or more of the installments of rent coming due thereunder.
<br />
<br />"Lender" means Lender and its successors and assigns.
<br />
<br />"Letter of Credit" means any letter of credit issued by Lender for the account of Grantor or its
<br />nominee in connection with the development of the Land or the construction of the Improvements,
<br />together with any and all extensions, renewals or modifications thereof, substitutions therefor or
<br />replacements thereof.
<br />
<br />"Lien" means any mortgage, deed of trust, pledge, security interest, assignment, judgment, lien or
<br />charge of any kind, including any conditional sale or other title retention agreement, any lease in the
<br />nature thereof, and the filing of, or agreement to give, any financing statement under the Uniform
<br />Commercial Code of any jurisdiction.
<br />
<br />"Loans" means the Facility No. I Commitment and the Facility No.2 Commitment.
<br />
<br />"Loan Al!feement" means the Loan Agreement dated November 30, 2005, between Grantor and
<br />Lender which sets forth, among other things, the terms and conditions upon which the proceeds of the
<br />Loans will be disbursed, as the same may from time to time be extended, amended, restated,
<br />supplemented or otherwise modified, including that certain Amendment No. I to Loan Agreement dated
<br />March I, 2006 between Grantor and Lender.
<br />
<br />"Loan Documents" means this Deed of Trust, the Loan A.greement, any Swap Contract, any
<br />application or reimbursement agreement executed in connection with any Letter of Credit, and any and all
<br />other documents which Grantor or any other party or parties have executed and delivered, or may
<br />hereafter execute and deliver, to evidence, secure or guarantee the Obligations, or any part thereof, as the
<br />same may from time to time be extended, amended, restated, supplemented or otherwise modified.
<br />
<br />"Notice" means a notice, request, consent, demand or other communication given in accordance
<br />with the provisions of Section 9.8 ofthis Deed of Trust.
<br />
<br />"OblilZations" means all present and future debts, obligations and liabilities of Grantor to Lender
<br />and/or Trustee and any extensions, renewals, restatements, replacements and modifications thereof,
<br />arising pursuant to, and/or on account of, without limitation, the provisions of this Deed of Trust, the
<br />Loan Agreement or any of the other Loan Documents, including the obligations: (a) to pay all principal,
<br />interest, late charges, prepayment premiums (if any) and other amounts due at any time under the Loan
<br />Agreement; (b) to pay all Expenses, indemnification payments, fees and other amounts due at any time
<br />under this Deed of Trust or any of the other Loan Documents, together with interest thereon as herein or
<br />therein provided; (c) to pay and perform all obligations of Grantor under any Swap Contract; (d) to
<br />perform, observe and comply with all of the other terms, covenants and conditions, expressed or implied,
<br />which Grantor is required to perform, observe or comply with pursuant to this Deed of Trust or any of the
<br />other Loan Documents; (e) to pay and perform all future advances and other obligations that Grantor or
<br />any successor in ownership of all or part of the Property may agree to pay and/or perform (whether as
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<br />Hall County, Nebraska
<br />DB03/759402 0518/6758724.2
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