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<br />200709152
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<br />DEED OF TRUST. ASSIGNMENT OF RENTS AND LEASES.
<br />SECURITY AGREEMENT AND FIXTURE FILING
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<br />This Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing is
<br />made as of the 19th day of October, 2007, by Grand Island Health Care, Inc. ("Grantor"), whosc address is
<br />3119 Faidley Avenuc, Grand Island, Nebraska 68803, 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 1200 Main Street, lth Floor, M08-
<br />060-12-02, Kansas City Missouri, 64105.
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<br />RECITALS
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<br />Grantor has rcquested that Lcnder 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.
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<br />GRANTS AND AGREEMENTS
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<br />Now, therefore, in order to induce Lender to make the Loan to Grantor, Grantor agrees as
<br />follows:
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<br />Article 1
<br />Definitions.
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<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 tenns shall have the meanings specified:
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<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 thereo( or acquired (whether delivered to the Land or stored clsewhere) 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 penn anent accessions to the Land.
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<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.
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<br />"Additions" means any and all alterations, additions, accessions and improvements to property,
<br />substitutions therefor, and renewals and replacements thereof.
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<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.
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<br />"Condemnation" means any taking of title to, use oC 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.
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<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 />Condemnation, or other compensation heretofore or hereafter made, including interest thereon, and the
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<br />Error! Unknown document property name.
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