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<br />200709869
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<br />Improvements whether or not such property is affixed to the Property or Improvements;
<br />(b) any construction materials, fixtures, building machinery and building equipment
<br />delivered on site to the Property or Improvements; and (c) all replacements and
<br />substitutions for the foregoing property whether or not any of the foregoing is or shall be
<br />on or attached to the Property or Improvements; excluding, specifically, however, any
<br />machinery, equipment or fixtures now or hereafter located on the Property and owned by
<br />Hornady Manufacturing Company, a Nebraska corporation.
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<br />4. All water rights, ditch rights, reservoir rights, stock or interests in water,
<br />irrigation or ditch companies, royalties, mineral, oil and gas rights, now or hereafter used
<br />or useful in connection with, appurtenant to or related to the Encumbered Property;
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<br />5. All right, title and interest of the County (including the right to enforce the terms
<br />thereof) in, to and under the Agreement (except the County's rights to indenmification
<br />and payment of attorneys' fees under the Agreement), and all Lease Payments and other
<br />payments, revenues and receipts derived by the County under and pursuant to and subject
<br />to the provisions of the Agreement (except for the rights ofthe County to receive moneys
<br />for its own account under the Agreement and any payments made by the County, the
<br />Trustee or the Partnership to meet the rebate requirements of Section 148( f) of the Code).
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<br />6. All licenses, certificates, zoning rights, air rights, authorizations or approvals of
<br />any type or nature, now owned or held or hereafter acquired, which relate to the
<br />acquisition, ownership, development, leasing, construction, operation, servicing,
<br />management, use or occupancy of the real property comprising the Encumbered Property;
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<br />7. All insurance moneys, condenmation awards or payments in lieu thereof:
<br />judgments and settlements relating to the Encumbered Property, and all funds, moneys,
<br />certificates of deposit, instruments, letters of credit and deposits of Grantor held by,
<br />deposited with, or paid or payable to Beneficiary;
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<br />8. All monetary deposits that Grantor has been required to give to any public or
<br />private utility with respect to utility services furnished to the Property or Improvements;
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<br />9. All replacements and substitutions for, and all other rights and interests now or
<br />hereafter belonging to or associated with, any of the foregoing.
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<br />TO HAVE AND TO HOLD the Encumbered Property hereby granted or encumbered or intended
<br />to be granted or encumbered, unto the Deed Trustee, and its successors in trust, for the benefit of the
<br />Beneficiary, its successors and assigns, forever, subject however to Permitted Title Encumbrances, as
<br />defined below.
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<br />THIS DEED OF TRUST SHALL SECURE the payment and performance of the Secured
<br />Obligations, including any future advances which are part of the Secured Obligations.
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