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85- 004553 <br />I. <br />In and to that certain real property situated in Hall <br />County, Nebraska, more particularly described in Exhibit "A" <br />together with all the shrubs, trees, plants, crops, ease- <br />ments, rights, privileges, franchises, appurtenances, oil, <br />gas, mineral, water and water rights (whether riparian, <br />appropriate or otherwise, and whether or not appurtenant), <br />used in connection therewith, thereunto belonging or in any <br />way appertaining and all of the estate, right, title, inter- <br />est, claim or demand whatsoever of the Borrower therein or <br />thereto, either in law or in equity, in possession or expec- <br />tancy, now or hereafter acquired (the "Land "); provided, <br />however, that the Borrower represents hereby, and the Issuer <br />hereby acknowledges receipt of such advice, that the Land <br />is, on the date of executing and delivery hereof, subject to <br />Permitted Encumbrances. <br />II. <br />In and to all structures, buildings and improvements of <br />every kind and description (the "Building ") forming a part <br />of the Project, but not constituting part of the Equipment <br />(defined below), now or at any time hereafter located upon <br />the Land. <br />III. <br />In and to all goods which may become fixtures, goods, <br />fixtures, machinery, equipment and other tangible personal <br />property (the "Equipment ") required or permitted herein to <br />be acquired with the proceeds from the sale of the Bonds and <br />installed in, or used in connection with, the Building or <br />elsewhere on the Land and all goods which may become fix- <br />tures, goods, fixtures, machinery, equipment, and other <br />tangible personal property acquired and installed in the <br />Building or elsewhere on the Land in substitution therefor <br />pursuant to the provisions of this Mortgage or the Agreement <br />and less such fixtures, machinery, equipment, and other <br />tangible personal property as may be released from this <br />Mortgage or the Agreement pursuant to the provisions thereof <br />or taken by the exercise of the power of eminent domain as <br />provided therein all as they may at any time exist, includ- <br />ing but not limited to, those items of machinery, equipment <br />and other tangible personal property listed in Exhibit "B" <br />attached hereto and incorporated herein by this reference. <br />IV. <br />In and to any and all other items of property of every <br />name and nature from time to time hereafter by delivery or <br />by writing of any kind conveyed, pledged, assigned or trans- <br />ferred, or in which a security interest is granted, as and <br />for additional security hereunder by the Borrower or by <br />anyone on behalf of the Borrower or with the Borrower's <br />-3- <br />