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<br />#1060655 v4
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<br />200605551
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<br />cash receipts, deposit accounts, accounts receivable, contract rights, licenses,
<br />agreements, general intangibles, payment intangibles, software, chattel paper
<br />(whether electronic or tangible), instruments, documents, promissory notes,
<br />drafts, letters of credit, letter of credit rights, supporting obligations, insurance
<br />policies, insurance and condemnation awards and proceeds, proceeds of the sale
<br />of promissory notes, any other rights to the payment of money, trade names,
<br />trademarks and service marks arising from or related to the ownership,
<br />management, leasing, operation, sale or disposition of the Subject Property or any
<br />business now or hereafter conducted thereon by Grantor; all development rights
<br />and credits, and any and all permits, consents, approvals, licenses, authorizations
<br />and other rights granted by, given by or obtained from, any governmental entity
<br />with respect to the Subject Property; all water and water rights, wells and well
<br />rights, canals and canal rights, ditches and ditch rights, springs and spring rights,
<br />and reservoirs and reservoir rights appurtenant to or associated with the Subject
<br />Property, whether decreed or undecreed, tributary, non~tributary or not non-
<br />tributary, surface or underground or appropriated or unappropriated, and all shares
<br />of stock in water, ditch, lateral and canal companies, well permits and all other
<br />evidences of any of such rights; all deposits or other security now or hereafter
<br />made with or given to utility companies by Grantor with respect to the Subject
<br />Property; all advance payments of insurance premiums made by Grantor with
<br />respect to the Subject Property; all plans, drawings and specifications relating to
<br />the Subject Property; all loan funds held by Beneficiary, whether or not disbursed;
<br />all funds deposited with Beneficiary pursuant to any loan agreement; all reserves,
<br />deferred payments, deposits, accounts, refunds, cost savings and payments of any
<br />kind related to the Subject Property or any portion thereof; together with all
<br />replacements and proceeds of, and additions and accessions to, any of the
<br />foregoing; together with all books, records and files relating to any of the
<br />foregoing.
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<br />As to all of the above described personal property which is or which hereafter
<br />becomes a "fixture" under applicable law, this Deed of Trust constitutes a fixture
<br />filing under the Nebraska Uniform Commercial Code, as amended or recodified
<br />from time to time ("UCC"), and is acknowledged and agreed to be a "construction
<br />mortgage" under the UCC.
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<br />4.2 REPRESENT ATIONS AND WARRANTIES. Grantor represents and warrants
<br />that: (a) Grantor has, or will have, good title to the Collateral; (b) Grantor has not
<br />previously assigned or encumbered the Collateral, and no financing statement
<br />covering any of the Collateral has been delivered to any other person or entity;
<br />(c) Grantor's principal place of business is located at the address shown in that
<br />certain Section entitled Notices; and (d) Grantor's legal name is exactly as set
<br />forth on the first page of this Deed of Trust and all of Grantor's organizational
<br />documents or agreements delivered to Beneficiary are complete and accurate in
<br />every material respect.
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<br />4.3 COVENANTS. Grantor agrees: (a) to execute and deliver such documents as
<br />Beneficiary deems necessary to create, perfect and continue the security interests
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