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200902250
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3/27/2009 4:02:49 PM
Creation date
3/27/2009 4:02:47 PM
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DEEDS
Inst Number
200902250
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<br />200902250 <br /> <br />ARTICLE I. <br /> <br />DEFINITIONS <br /> <br />Section 1.01. Definitions. In addition to the terms defined elsewhere in this Deed of <br />Trust, the following terms shall have the meanings specified in this Section 1.01, unless the <br />context clearly requires otherwise. The terms defined herein include the plural as well as the <br />singular. Accounting terms used in this Deed of Trust but not otherwise defined herein shall <br />have the meanings they have under GAAP. <br /> <br />Beneficiary shall mean CoBank, ACB, as Agent for itself, the Lenders and the Issuer. <br /> <br />Credit Agreements shall mean all agreements, instruments and documents between the <br />Grantor and the Beneficiary or executed by the Grantor in favor of the Beneficiary which <br />evidence or relate to the Obligations, whether now existing or hereafter entered into, and all <br />amendments, supplements and restatements thereof. Specifically but, not by way of limitation, <br />Grantor and other co-borrowers (also sometimes referred to collectively as "Borrower") has <br />entered into a Loan and Security Agreement with Beneficiary, as Agent and certain other lenders <br />(the "Lenders", which term, or purposes hereof, shall include the "Issuer" (as such teml is <br />defined in the Loan Agreement)) dated March 11,2009 (as the same may be amended, replaced, <br />restated and/or supplemented from time to time, the "Loan Agreement"), which Loan <br />Agreement entitles Borrower to borrow principal sums and to obtain letters of credit from the <br />Lenders up to and including the amount of Four Hundred Sixty Three Million Six Hundred <br />Thousand Dollars ($463,600,000), with interest thereon and payable according to the tenns of <br />the Loan Agreement, with various maturity dates according to the terms thereof, with an original <br />outside maturity date of January 1, 2012 (which outside maturity date may be extended from <br />time to time in accordance with the terms of the Loan Agreement). <br /> <br />Deed of Trust shall mean this Amended and Restated Real Estate Deed of Trust, as it <br />may be amended or supplemented from time to time. <br /> <br />Environmental Law shall have the meaning specified in Section 3.13. <br /> <br />Event of Default shall have the meaning specified in Section 4.01. <br /> <br />GAAP shall mean generally accepted accounting principles as established by the <br />American Institute of Certified Public Accountants. <br /> <br />Hazardous Materials shall have the meaning specified in Section 3.13. <br /> <br />Lien shall mean any statutory or common law consensual or non-consensual conveyance, <br />pledge, grant, security title or interest, lien, encumbrance or charge of any kind against property, <br />including, without limitation, any conditional sale or other title retention transaction, and any <br />lease transaction in the nature of a security interest. <br /> <br />2 <br />
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