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<br />200602440
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<br />"Prooertv" means the Real Property and the Personalty and all other rights, interests and benefits
<br />of every kind and character which Grantor now has or hereafter acquires in, to or for the benefit of the
<br />Real Property and/or the Personalty and all other property and rights used or useful in connection
<br />therewith, including all Leases, all Rents, all Condemnation Awards, all Proceeds, and all of Grantor's
<br />right, title and interest in and to all Design and Construction Contracts, all Contracts of Sale and all
<br />Refinancing Commitments.
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<br />"Prooertv Assessments" means all Taxes, payments in lieu of taxes, water rents, sewer rents,
<br />assessments, condominium and owner's association assessments and charges, maintenance charges and
<br />other governmental or municipal or public or private dues, charges and levies and any Liens (including
<br />federal tax liens) which are or may be levied, imposed or assessed upon the Property or any part thereof,
<br />or upon any Leases or any Rents, whether levied directly or indirectly or as excise taxes, as income taxes,
<br />or otherwise.
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<br />"Real Property" means the Land and Improvements, together with (a) all estates, title interests,
<br />title reversion rights, remainders, increases, issues, profits, rights of way or uses, additions, accretions,
<br />servitudes, strips, gaps, gores, liberties, privileges, water rights, water courses, alleys, passages, ways,
<br />vaults, licenses, tenements, franchises, hereditaments, appurtenances, easements, rights-of-way, rights of
<br />ingress or egress, parking rights, timber, crops, mineral interests and other rights, now or hereafter owned
<br />by Grantor and belonging or appertaining to the Land or Improvements; (b) all Claims whatsoever of
<br />Grantor with respect to the Land or Improvements, either in law or in equity, in possession or in
<br />expectancy; (c) all estate, right, title and interest of Grantor in and to all streets, roads and public places,
<br />opened or proposed, now or hereafter adjoining or appertaining to the Land or Improvements; and (d) all
<br />options to purchase the Land or Improvements, or any portion thereof or interest therein, and any greater
<br />estate in the Land or Improvements, and all Additions to and Proceeds of the foregoing.
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<br />"Refinancing Commitment" means any commitment from or other agreement with any Person
<br />providing for the financing of the Property, some or all of the proceeds of which are intended to be used
<br />for the repayment of all or a portion of the Loans.
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<br />"Rents" means all of the rents, royalties, issues, profits, revenues, earnings, income and other
<br />benefits of the Property, or arising from the use or enjoyment of the Property, including all such amounts
<br />paid under or arising from any of the Leases and all fees, charges, accounts or other payments for the use
<br />or occupancy of rooms or other public facilities within the Real Property.
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<br />"State" means the State of Nebraska.
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<br />"Swao Contract" means any agreement, whether or not in writing, relating to any transaction that
<br />is a rate swap, basis swap, forward rate transaction, commodity swap, commodity option, equity or equity
<br />index swap or option, bond, note or bill option, interest rate option, forward foreign exchange transaction,
<br />interest cap, collar or floor transaction, currency swap, cross-currency rate swap, swap option, currency
<br />option or any other similar transaction (including any option to enter into the foregoing) or any
<br />combination of the foregoing, and, unless the context otherwise clearly requires, any form of master
<br />agreement published by the International Swaps and Derivatives Association, Inc., or any other master
<br />agreement, entered into between Lender (or its affiliate) and Grantor (or its affiliate) in connection with
<br />the Loans, together with any related schedules and confirmations, as amended, supplemented, superseded
<br />or replaced from time to time, relating to or governing any or all of the foregoing.
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<br />"Taxes" means all taxes and assessments, whether general or special, ordinary or extraordinary,
<br />or foreseen or unforeseen, which at any time may be assessed, levied, confirmed or imposed by any
<br />Governmental Authority or any community facilities or other private district on Grantor or on any of its
<br />properties or assets or any part thereof or in respect of any of its franchises, businesses, income or profits.
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<br />Hall County, Nebraska
<br />D803/759402 0518/6758724.2
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