|
<br />200700035
<br />
<br />DEED OF TRUST. ASSIGNMENT OF RENTS AND LEASES. SECURITY AGREEMENT AND
<br />FIXTURE FILING
<br />
<br />This Deeg. 9f Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing is
<br />made as of the,~\day of December, 2006, by BM & M, L.L.C. ("Grantor"), whose address is 100 I S.
<br />7th Street Trafficway, Kansas City, Kansas 66105-0000, to James M. Pfeffer ("Initial Trustee"), whose
<br />address is 1299 Farnam Street, Suite 1501, Omaha, Nebraska 68102, and in favor of Bank of America,
<br />N.A., a national banking association ("Lender"), whose address is MOl-800-07-05, 800 Market Street, St.
<br />Louis, Missouri, 63101.
<br />
<br />RECITALS
<br />
<br />Grantor has requested that Lender make the Loan (as hereinafter defined) to Grantor. As a
<br />condition precedent to making the Loan, Lender has required that Grantor execute and deliver this Deed
<br />of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing to Trustee and Lender.
<br />
<br />GRANTS AND AGREEMENTS
<br />
<br />Now, therefore, in order to induce Lender to make the Loan to Grantor, Grantor agrees as
<br />follows:
<br />
<br />Article I
<br />Definitions.
<br />
<br />As used in this Deed of Trust, the terms defined in the Preamble hereto shall have the respective
<br />meanings specified therein, and the following additional terms shall have the meanings specified:
<br />
<br />"Accessories" means all fixtures, equipment, systems, machinery, furniture, furnishings,
<br />appliances, inventory, goods, building and construction materials, supplies and other articles of personal
<br />property, of every kind and character, tangible and intangible (including software embedded therein), now
<br />owned or hereafter acquired by Grantor, which are now or hereafter attached to or situated in, on or about
<br />the Land or Improvements, or used in or necessary to the complete and proper planning, development,
<br />use, occupancy or operation thereof, or acquired (whether delivered to the Land or stored elsewhere) for
<br />use or installation in or on the Land or Improvements, and all Additions to the foregoing, all of which are
<br />hereby declared to be permanent accessions to the Land.
<br />
<br />"Accounts" means all accounts of Grantor within the meaning of the Uniform Commercial Code
<br />of the State, derived from or arising out of the use, occupancy or enjoyment of the Property or for sale of
<br />inventory or services rendered therein or thereon.
<br />
<br />"Additions" means any and all alterations, additions, accessions and improvements to property,
<br />substitutions therefor, and renewals and replacements thereof.
<br />
<br />"Claim" means any liability, suit, action, claim, demand, loss, expense, penalty, fine, judgment or
<br />other cost of any kind or nature whatsoever, including fees, costs and expenses of attorneys, consultants,
<br />contractors and experts.
<br />
<br />"Condemnation" means any taking of title to, use of, or any other interest in the Property under
<br />the exercise of the power of condemnation or eminent domain, whether temporarily or permanently, by
<br />any Governmental Authority or by any other Person acting under or for the benefit of a Governmental
<br />Authority.
<br />
<br />"Condemnation Awards" means any and all judgments, awards of damages (including severance
<br />and consequential damages), payments, proceeds, settlements, amounts paid for a taking in lieu of
<br />
<br />Hall County, Nebraska
<br />Error! Unknown document property name.
<br />
<br />3
<br />
|