|
<br />200605274
<br />
<br />of the date hereof in the aggregate principal sum of $545,655,010.00 (such promissory notes,
<br />together with all extensions, renewals, replacements, restatements, amendments, supplements,
<br />severances or modifications thereof being hereinafter collectively referred to as the "Note").
<br />
<br />WHEREAS, Borrower delivered to Barclays a Deed of Trust, Assignment of Leases and
<br />Rents, Security Agreement and Fixture Filing, dated as of January 27, 2006 (the "Original
<br />Security Instrument"), and Borrower and Lender wish to amend and restate the Original
<br />Security Instrument in its entirety.
<br />
<br />WHEREAS, Borrower desires to secure the payment of the Debt (as defmed in Loan
<br />Agreement) and the performance of all of its obligations under the Note, the Loan Agreement
<br />and the other Loan Documents.
<br />
<br />NOW THEREFORE, in consideration of the making of the Loan by Lender and the
<br />covenants and agreements hereinafter set forth, and in and for other good and valuable
<br />consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto,
<br />intending to be legally bound, hereby covenant and agree that all of the terms, provisions and
<br />obligations contained in the Original Security Instrument are hereby amended, restated and
<br />superseded in their entirety to read as follows:
<br />
<br />Article 1 - GRANTS OF SECURITY
<br />
<br />Section 1.1 PROPERTY MORTGAGED. Borrower does hereby irrevocably mortgage,
<br />grant, bargain, sell, pledge, assign, warrant, transfer, convey and grant a security interest to
<br />Trustee, its successors and assigns, for the benefit of Lender and its successors and assigns the
<br />following property, rights, interests and estates now owned, or hereafter acquired by Borrower
<br />(collectively, the "Property"):
<br />
<br />(a) Land. The real property described in Exhibit A attached hereto and made a part
<br />hereof (the "Land");
<br />
<br />(b) Additional Land. All additional lands, estates and development rights hereafter
<br />acquired by Borrower for use in connection with the Land and the development of the Land
<br />which may, from time to time, by supplemental deed of trust or otherwise be expressly made
<br />subject to the lien of this Security Instrument;
<br />
<br />(c) Imorovements. The buildings, structures, fixtures, pads, additions, enlargements,
<br />extensions, modifications, repairs, replacements and improvements now or hereafter erected or
<br />located on the Land (collectively, the "Improvements");
<br />
<br />(d) Easements. All easements, rights-of-way or use, rights, strips and gores of land,
<br />streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air
<br />rights and development rights, and all estates, rights, titles, interests, privileges, liberties,
<br />servitudes, tenements, hereditaments and appurtenances of any nature whatsoever, in any way
<br />now or hereafter belonging, relating or pertaining to the Land and the Improvements and the
<br />reversions and remainders, and all land lying in the bed of any street, road or avenue, opened or
<br />proposed, in front of or adjoining the Land, to the center line thereof and all the estates, rights,
<br />titles, interests, rights of dower, rights of curtesy, property, possession, claim and demand
<br />
<br />2
<br />
<br />Nebraska
<br />[TPW: NYLEGAL:505604.2j 20528-00030 05/13/200602:00 PM
<br />
|