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<br />200709152 <br /> <br />the performance of any obligation, covenant or agreement contained in the Leases, Grantor shall have a <br />license (which license shall terminate automatically and without notice upon the occurrence of an Event <br />of Default or a default by Grantor under the Leases) to collect, but not prior to accrual, all Rents. Grantor <br />agrees to collect and hold all Rents in trust for Lender and to use the Rents for the payment of the cost of <br />operating and maintaining the Property and for the payment of the other Obligations before using the <br />Rents for any other purpose. <br /> <br />This assignment is made pursuant to Neb. Rev. Stat. @52-1701, et. seq., and the Obligations and <br />any future advances and protective advances are secured by present, future and after-arising or acquired <br />Property. <br /> <br />Section 2.3 Security Al!reement, Fixture Filinl! and Financinl! Statement. <br /> <br />This Deed of Trust creates a security interest in the Personalty, and, to the extent the Personalty is <br />not real property, this Deed of Trust constitutes a security agreement from Grantor to Lender under the <br />Uniform Commercial Code of the State. In addition to all of its other rights under this Deed of Trust and <br />otherwise, Lender shall have all of the rights of a secured party under the Uniform Commercial Code of <br />the State, as in effect from time to time, or under the Uniform Commercial Code in force from time to <br />time in any other state to the extent the same is applicable Law. This Deed of Trust shall be effective as a <br />financing statement filed as a fixture filing with respect to all fixtures included within the Property and is <br />to be t1led for record in the real estate records of each county where any part of the Property (including <br />such fixtures) is situated. This Deed of Trust shall also be effective as a financing statement with respect <br />to any other Property as to which a security interest may be perfected by the t1ling of a financing <br />statement and may be t1led as such in any appropriate filing or recording office. The respective names <br />and mailing addresses of Grantor and Lender are set forth in the opening paragraph of this Deed of Trust. <br />A description of the collateral is set forth above, including, but not limited to Section 2.1 above. Grantor <br />is the record owner of the Real Property, which is described in Exhibit A attached to this Deed of Trust. <br />A carbon, photographic or other reproduction of this Deed of Trust or any other financing statement <br />relating to this Deed of Trust shall be sufficient as a financing statement for any of the purposes referred <br />to in this Section. Grantor hereby irrevocably authorizes Lender at any time and from time to time to file <br />any initial financing statements, amendments thereto and continuation statements as authorized by <br />applicable Law, reasonably required by Lender to establish or maintain the validity, perfection and <br />priority of the security interests granted in this Deed of Trust. The foregoing authorization includes <br />Grantor's irrevocable authorization for Lender at any time and from time to time to file any initial <br />financing statements and amendments thereto that indicate the Personalty (a) as "all assets" of Grantor or <br />words of similar effect, regardless of whether any particular asset comprised in the Personalty falls within <br />the scope of the Uniform Commercial Code of the State or the jurisdiction where the initial financing <br />statement or amendment is filed, or (b) as being of an equal or lesser scope or with greater detail. <br /> <br />Section 2.4 Release of Deed of Trust and Termination of Assignments and Financinl! <br />Statements. <br /> <br />On satisfaction of all of Grantor's Obligations, and on written request of Lender stating that all <br />sums secured hereby have been paid, and on surrender of this Deed of Trust to Trustee for cancellation, <br />Trustee shall reconvey to Grantor or the person or persons legally entitled thereto, without warranty, any <br />portion of the Property then held hereunder. The recitals in any such reconveyance of any matters or facts <br />shall be conclusive proof of the truthfulness thereof. <br /> <br />Section 2.5 Future Advances. <br /> <br />This Deed of Trust is given for the purpose of securing the Notes and the other Obligations and <br />other extensions of credit given and protective advances made by Beneficiary under the Note, the Loan <br />Agreement, or any other Loan Document. The parties intend that this Deed of Trust shall secure all <br /> <br />Error! Unknown document property name. <br /> <br />9 <br />