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<br />MORTGAGE and
<br />SECURITY AGREENiEfJT
<br />and SECURITY RCREE~IE('JT
<br />THIS MORTGAGE/is made this 17th day of July 19$Q,
<br />by Little B's Corp., a Pebraska Corporation
<br />("Mortgagor") whOSe addreSS is 4461 kTest Capital Avenue, Crand Island.
<br />Nebraska 68$01 , tp
<br />American AgCredit Corporation, a Delaware corporation {"American"),
<br />whose address is 3033 South Parker Road, Suite 720, Aurora, Colorado
<br />80014.
<br />Mortgagor hereby mortaayes and conveys to American the
<br />following-described property situated in the County of xaii ,
<br />State of Nebraska (the "State"):
<br />See Exhibit A attached to and by this reference made a part
<br />of this Mortgage
<br />Together with: (a) all improvements now or at ar_y time hereafter
<br />thereon, and privileges, appurtenances, fixtures, rents, issues, and
<br />profits relating thereto; (b) water, ditch, and reservoir rights or
<br />stock, however evidenced, appertaining to or used in connection with
<br />the property; (c) any interest now owned or hereafter acquired by
<br />Mortgagor in any road, street, or avenue (opened or proposed), in
<br />front of or adjoining the property or in and to any sidewalks.
<br />alleys, and strips and gores of land adjacent to or used in conned
<br />tion with the property; and (d) all right, title, and interest of
<br />Mortgagor in and to all machinery, apparatus, equipment, fittings,
<br />and fixtures of every kind and nature whatsoever, all furniture, fur-
<br />nishings, and other personal property now or at any time hereafter
<br />attached to or used in any way in connection with the use, operation,
<br />and occupation of any buildings or improvements located or, the prop-
<br />erty (the above°described property, appurtenances, and privileges are
<br />subsequently referred to as the "Property"). Mortgagor warrants the
<br />title to the Property except for those items listed on Exhibit 3
<br />attached to and by this reference made a part of this Mortgage. This
<br />Mortgage is for the puzpose of securing the payment of a promissory
<br />note (the "Note"} of even date herewith in the principal amount of
<br />$7, 500,ooo.oq made bylittle B's Cor a N braska , and payable to the
<br />order of American as provided in the e, wi all unpaid principal
<br />and unpaid accrued interest due and payable on Ju~v ~5. igai , and
<br />all obligations created under any renewals, extensions, and amend-
<br />ments to or substitutions for the Note, or any other instrument exe-
<br />cuted in connection with or pursuant to the Note (subsequently
<br />referred to collectively as the "Obligation"). This Mortgage secures
<br />present and future advances made by American to or far the benefit of
<br />the Mortgagor or any other maker of the Note, and the lien of this
<br />Mortgage relating to ali such future advances shall relate back to
<br />the date of this Mortgage.
<br />THE tdORTGAGOR COVENANTS AND AGREES AS FOLLOWS:
<br />1. Mortgagor will promptly pay the Obligation evidenced
<br />by the Note- in accordance with its terms and perform each and every
<br />agreement and condition contained in the Note and this Mortgage, or
<br />in any other instrument which may be executed in connection with such
<br />documents.
<br />2. Mortgagor will
<br />all taxes, special assessments
<br />and all other charges imposed
<br />and to deliver to American, u
<br />of such payments.
<br />pay immediately when due and payable
<br />water and sewer rents or assessments,
<br />by law upon or against the Property,
<br />pop demand, receipts or other evidence
<br />3 This Mortgage is subject and subordinate to a mortgage
<br />to The Prudential Insurance Compan of America in the initial amount of S700.000.00,
<br />
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