|
<br />..,
<br />
<br />200808234
<br />
<br />DEED OF TRUST,
<br />ASSIGNMENT OF LEASES AND RENTS AND FIXTURE FILING
<br />
<br />THIS DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS AND FIXTURE FILING
<br />(herein called this "Deed of Trust") dated as ofSeptember~, 2008 is executed by CONCORD
<br />NEIGHBORHOOD CORPORATION, a Kansas corporation, as the trustor (herein, together with its
<br />successors and assigns, called "Trustor"), with a mailing address at 1701 Windhoek Drive, Lincoln,
<br />Nebraska 68512, to R. KENT RADKE. a member of the Nebraska Bar Association, with a mailing
<br />address of 1640 Normandy Court, Suite C, Lincoln, Nebraska 68512, as the trustee (herein, together
<br />with its successors and assigns, called "Trustee"), for the benefit of BANK OF AMERICA, N.A., a
<br />national banking association, in its capacity as Administrative Agent (as defined in the Credit
<br />Agreement referred to below) for the Lenders which are parties from time to time to the Credit
<br />Agreement (herein, together with its successors and assigns, called "Beneficiarv"), with a mailing
<br />address at 101 North Tryon Street, Mail Code: NCI-001-15-14, Charlotte, NC 28255-0001,
<br />Attention: Randy S. Pino (the Lenders, the Administrative Agent, and certain other Persons parties
<br />to Related Swap Contracts as more particularly described in Section 6.05 hereof, collectively
<br />referred to as the "Secured Parties").
<br />
<br />RECITALS
<br />
<br />A. Credit Agreement. Reference is hereby made to that certain Credit Agreement
<br />dated as of the date hereof, by and between Trustor, as a borrower, and Beneficiary, as
<br />administrative agent for the lenders that are a party thereto (the "Lenders"), as lenders (as may be
<br />amended, supplemented, consolidated, replaced, renewed, extended or modified from time to time,
<br />the "Credit Agreement"). Pursuant to the Credit Agreement, Beneficiary and/or Lenders have agreed
<br />to loan certain funds to Trustor (the "Loan") and Trustor has executed and delivered to Beneficiary
<br />that certain Note or Notes evidencing Trustor's obligation to repay the Loan (collectively, the
<br />"Note"). .
<br />
<br />B. Secured Oblieations. The obligations secured by this Deed of Trust (the
<br />"Obligations") are comprised at any time of the following:
<br />
<br />(i) the full and punctual payment by Trustor when due of (a) all principal
<br />of and interest on the Loan and the Note; and (b) all other amounts payable by
<br />Trustor pursuant to the Credit Agreement, the Note or any other document or
<br />instrument evidencing or securing the Loan (together with the Credit Agreement, the
<br />Note and this Deed of Trust, the "Loan Documents" or individually a "Loan
<br />Document");
<br />
<br />(ii) the full and punctual payment when due of all amounts payable by
<br />Trustor under this Deed of Trust, including, without limitation, indemnification
<br />obligations and advances made pursuant to the Loan Documents, including any and
<br />all future advances (whether or not obligatory) in an amount equal to the greater of
<br />(i) One Million Dollars ($1,000,000.00); or (ii) a sum equal to half ofthe amount of
<br />the Loan;
<br />
<br />-2-
<br />
|