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<br />200602440
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<br />principal, surety or guarantor) for the benefit of Lender, when a writing evidences the parties' agreement
<br />that the advance or obligation be secured by this Deed of Trust; and (f) all Grantor's debts, liabilities,
<br />obligations, covenants, warranties, and duties to Lender (plus its affiliates including any credit card debt,
<br />but specifically excluding any type of consumer credit), whether new or hereafter existing or incurred,
<br />whether liquidated or unliquidated, whether absolute or contingent, whether arising out of the Loan
<br />Documents or otherwise, and regardless of whether such Obligations arise out of existing or future credit
<br />granted by Lender to any Grantor, to any Grantor and others, to others guaranteed, endorsed or otherwise
<br />secured by any Trustee or to any debtor-in-possessionlsuccessor-in-interest of any Grantor, and principal,
<br />interest, fees, expenses and charges relating to any of the foregoing, including, without limitation, costs
<br />and expenses of collection and enforcement or this Deed of Trust, attorneys' fees of both inside and
<br />outside counsel and environmental assessment or remediation costs. The interest rate and maturity of
<br />such Obligations are as described in the documents creating the indebtedness secured hereby.
<br />
<br />THIS DEED OF TRUST SECURES, WITHOUT LIMITATION, EXISTING DEBTS OR
<br />OBLIGATIONS CREATED SIMULTANEOUSLY WITH THE EXECUTION OF THIS DEED OF
<br />TRUST AND ANY FUTURE ADVANCES TO BE MADE AT THE OPTION OF THE PARTIES.
<br />
<br />"Permitted Encumbrances" means (a) any matters set forth in any policy of title insurance issued
<br />to Lender and insuring Lender's interest in the Property which are acceptable to Lender as of the date
<br />hereof, (b) the Liens and interests of this Deed of Trust, and (c) any other Encumbrance that Lender shall
<br />expressly approve in its sole and absolute discretion, as evidenced by a "marked-up" commitment for title
<br />insurance initialed on behalf of Lender.
<br />
<br />"Person" means an individual, a corporation, a partnership, a joint venture, a limited liability
<br />company, a trust, an unincorporated association, any Governmental Authority or any other entity.
<br />
<br />"Personalty" means all personal property of any kind or nature whatsoever, whether tangible or
<br />intangible and whether now owned or hereafter acquired, in which Grantor now has or hereafter acquires
<br />an interest and which is used in the construction of, or is placed upon, or is derived from or used in
<br />connection with the maintenance, use, occupancy or enjoyment of, the Property, including (a) the
<br />Accessories; (b) the Accounts; (c) all franchise, license, management or other agreements with respect to
<br />the operation of the Real Property or the business conducted therein (provided all of such agreements
<br />shall be subordinate to this Deed of Trust, and Lender shall have no responsibility for the performance of
<br />Grantor's obligations thereunder) and all general intangibles (including payment intangibles, trademarks,
<br />trade names, goodwill, software and symbols) related to the Real Property or the operation thereof; (d) all
<br />sewer and water taps, appurtenant water stock or water rights, allocations and agreements for utilities,
<br />bonds, letters of credit, permits, certificates, licenses, guaranties, warranties, causes of action, judgments,
<br />Claims, profits, security deposits, utility deposits, and all rebates or refunds of fees, Taxes, assessments,
<br />charges or deposits paid to any Governmental Authority related to the Real Property or the operation
<br />thereof; (e) all of Grantor's rights and interests under all Swap Contracts, including all rights to the
<br />payment of money from Lender under any Swap Contract and all accounts, deposit accounts and general
<br />intangibles, including payment intangibles, described in any Swap Contract; (f) all insurance policies held
<br />by Grantor with respect to the Property or Grantor's operation thereof; and (g) all money, instruments and
<br />documents (whether tangible or electronic) arising from or by virtue of any transactions related to the
<br />Property, and all deposits and deposit accounts of Grantor with Lender related to the Property, including
<br />any such deposit account from which Grantor may from time to time authorize Lender to debit and/or
<br />credit payments due with respect to the Loans; together with all Additions to and Proceeds of all of the
<br />foregoing.
<br />
<br />"Proceeds," when used with respect to any of the Property, means all proceeds of such Property,
<br />including all Insurance Proceeds and all other proceeds within the meaning of that term as defined in the
<br />Uniform Commercial Code of the State.
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<br />Hall County, Nebmska
<br />0803/7594020518/6758724.2
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