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<br />200602634
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<br />This COMBINATION DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE
<br />FINANCING STATEMENT, dated February 28,2006 (the "Deed of Trust"), is made by CENTRAL
<br />CATHOLIC HIGH SCHOOL, as grantor (the "Grantor"), to FIVE POINTS BANK, as grantee and
<br />deed trustee (the "Trustee"), for the benefit of FIVE POINTS BANK, as beneficiary (the
<br />" Beneficiary").
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<br />RECITALS
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<br />1. Concurrently herewith, the Grantor is borrowing from the Nebraska Elementary and
<br />Secondary School Finance Authority (the "Authority"), a body politic and corporate and public
<br />instrumentality duly organized and validly existing llllder the Nebraska Elementary and Secondary School
<br />Finance Authority Act, Chapter 79, Article 18, Reissue Revised Statutes of Nebraska, as amended, (the
<br />"Act"), the principal amount of $4,000,000 pursuant to the terms of a Loan Agreement, dated February
<br />28, 2006 (the "Loan Agreement"), among the Beneficiary, the Authority, and the Grantor. Capitalized
<br />terms used herein and not otherwise defined have the meanings set forth in the Loan Agreement.
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<br />2. The Authority is obtaining funds concurrently herewith for the Loan through the issuance
<br />and sale of the Bond pursuant to the Act and the Loan Agreement.
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<br />3. The Beneficiary has purchased the Bond.
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<br />4. Under the terms of the Loan Agreement, the Grantor has agreed (a) to use the Bond
<br />Proceeds to refinance the Bank Loan pay a portion of the Project Costs and (b) to make payments to the
<br />Beneficiary, as assignee of the Authority, in amounts sufficient to pay when due, the principal or
<br />redemption price of and interest on the Bond.
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<br />5. In order to (a) induce the Authority to issue the Bond and make the Loan and (b) induce
<br />the Beneficiary to purchase the Bond representing the Loan, the Grantor, as titleholder to the Facilities
<br />and the Project, is willing to ftuther secure its obligations under the Loan Agreement as herein provided.
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<br />NOW, THEREFORE, THIS DEED OF TRUST WITNESSETH:
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<br />GRANTING CLAUSES
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<br />The Grantor, in consideration of the premises and the sum of One Dollar duly paid to the Grantor
<br />by the Deed Trustee and other good and valuable consideration, the receipt and adequacy of which is
<br />hereby acknowledged, and in order to secure the payment and performance of the duties and obligations
<br />of the Grantor under the Loan Agreement, hereby grants a deed of trust, construction security interest and
<br />fixture financing statement as follows:
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<br />I. GRANT OF DEED OF TRUST ON REAL PROPERTY.
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<br />The Grantor does hereby GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto the
<br />Deed Trustee, and its successors in trust and assigns, forever, IN TRUST, WITH POWER OF SALE
<br />and right of entry and possession, all and singular, the real property described in Schedule 1 attached
<br />hereto (the "Real Property"); TO HAVE AND TO HOLD all and singular the Real Property with all
<br />rights and privileges hereby conveyed, pledged and assigned or agreed or intended so to be, to the Deed
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