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and (iii) any contractor's agreement entered into with respect to construction of Improvements on the Land (hereinafter collectively referred to as the "Contracts "); and (f) All insurance proceeds and all other proceeds (including all Proceeds as defined in the UCC), products, substitutions and accessions of the foregoing of every type. TO HAVE AND TO HOLD the Property and all parts, rights, members and appurtenances thereof, to the use, benefit and behoof of Trustee, his heirs, successors and assigns for the benefit of the Beneficiary and the ratable benefit of the Credit Parties, and their respective successors and assigns, (i) in fee simple forever as to the Owned Land and improvements and (ii) good marketable leasehold title as to the Leased Land; and Grantor covenants that Grantor is lawfully seized and possessed of the Property and (i) holds marketable fee simple absolute title to the Owned Property, and (ii) holds marketable leasehold title to the Leased Land, and in each instance has good right to convey the Property and that the conveyances in this Deed of Trust are subject to only to those matters which are reflected on Schedule B to the Title Insurance Policy delivered to the Beneficiary by the Grantor (hereinafter, referred to as the "Permitted Liens "). Except for the Permitted Liens, Grantor does warrant and will forever defend the title to the Mortgaged Property against the claims of all persons whomsoever. This Deed of Trust is intended to constitute: (i) a deed of trust, (ii) a security agreement and financing statement under the Uniform Commercial Code in effect from time to time in the State of Nebraska (the "UCC "), and (iii) a notice of assignment of rents or profits under the law of the State of Nebraska pursuant to Neb. Rev. Stat. Sections 52 -1701 et seq. This Deed of Trust is also intended to operate and be construed as an absolute present assignment of the rents, issues and profits of the Property, Grantor hereby agreeing, as provided for under law of the State of Nebraska, that Beneficiary is entitled to receive the rents, issues and profits of the Property prior to an Event of Default and without entering upon or taking possession of the Property. This Deed of Trust is given to secure the payment and performance of the Secured Obligations, to the extent provided for herein. This Deed of Trust secures future advances and obligations constituting Secured Obligations. The total amount of advances and obligations secured hereby may decrease or increase from time to time, but at no time shall the total principal amount of obligations and advances secured hereby, not including sums advanced to protect the liens and security interests hereby created in the Mortgaged Property exceed the sum of One Hundred Sixty -Five Million Dollars ($165,000,000.00). The Beneficiary and Trustee, as applicable, shall have the STATUTORY POWER OF SALE, which is herein granted by the Grantor as provided in Neb. Rev. Stat. Section 76 -1005. Grantor hereby further covenants and agrees with Trustee as follows: 4 MA