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200910043
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Last modified
12/23/2009 1:27:18 PM
Creation date
12/22/2009 4:45:49 PM
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DEEDS
Inst Number
200910043
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20091.0043 <br />Second Supplemental Trust Indenture and Security Agreement far the holders of the Bands issued as <br />hereinafter provided; <br />WHEREAS, this Second Supplemental Trust Indenture and Security Agreement shall also constitute <br />a real estate mortgage upon the interest of the Corporation in the real estate described in Exhibit "A" attached <br />hereto for the purpose of securing the Bonds herein authorized; <br />NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: <br />That the Corporation, in consideration of the premises and acceptance by the Trustee of the trust <br />hereby created and of the purchase and acceptance of the Bonds by the holders thereof and of the sum of One <br />Dollar ($1.00) in lawful money of the United States of America to it duly paid by the Trustee at or before the <br />execution and delivery of these presents, and for other good and valuable consideration, the receipt of which <br />is hereby acknowledged, in order to secure the payment of the principal of and interest on the Bonds issued as <br />herein provided according to their tenor and all the covenants expressed or implied herein and in the Bonds, <br />does hereby grant, grant security interest in, bargain, sell, assign, convey, mortgage and pledge unto Wells <br />Fargo Bank, National Association, Lincoln, Nebraska, as Trustee, and unto its successors in trust, and to them <br />and their assigns forever, for the securing of the performance of the obligations of the Corporation <br />hereinafter set forth, the following property, now owned or hereafter acquired: <br />1. The Project, including all right, title and interest of the Corporation in the real estate described on <br />Exhibit "A" hereto attached (including its rights under the Easement Agreement as hereinafter more <br />specifically described and defined) and all buildings, improvements and fixtures now or hereafter located <br />thereon and equipment, furnishings and facilities included therein or as a part thereof, together with all <br />tenements, hereditaments, appurtenances, rights, privileges and immunities thereto belonging or appertaining; <br />2. All revenues and income derived by the Corporation from the Project, including, without <br />limitation, all rentals received by the Corporation from the leasing of the Project, and in particular the rentals <br />and profits received under and pursuant to that certain Lease-Purchase Agreement by and between the <br />Corporation as Lessor and the College as Lessee (hereinafter more specifically identified) and pursuant to the <br />terms of which basic rentals are to be forwarded directly to the Trustee for the account of the Corporation and <br />deposited in the account of the Corporation herein designated "Bond Fund"; <br />3. Any and all other property of every Warne and nature from time to time hereafter by delivery ar by <br />writing of any kind conveyed, mortgaged pledged, assigned or transferred, as and for additional security <br />hereunder by the Corporation or by anyone in its behalf (or with its written consent) to the Trustee, which is <br />hereby authorized to receive any and all such property at any and all times and to hold and apply the carne <br />subject to the terms hereof; <br />TO HAVE AND TO HOLD all the same with all privileges and appurtenances hereby conveyed and <br />assigned, or agreed or intended so to be, to the Trustee and its respective successors in said trust and to them <br />and their assigns forever; <br />IN TRUST, NEVERTHELESS, upon the terms and trusts herein set forth for the equal and <br />proportionate benefit, security and protection of all holders of Bonds issued under and secured by this Second <br />Supplemental Trust Indenture and Security Agreement without privilege, priority or distinction as to the lien <br />or otherwise of any of said Bonds ar interest thereon over any of the other said Bonds ar interest thereon. <br />2 <br />
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