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2A4
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<br />WHEREAS, all things necessary to make the Bonds, when
<br />authenticated by the Trustee and issued as in this Indenture
<br />provided, the valid, binding and legal obligations of the
<br />Issuer according to the import u.~reof, and to constitute
<br />this Indenture, a valid lien on the properties mortgaged and
<br />a valid pledge and assignment of the lease rentals and
<br />revenues herein made to the payment of the principal of and
<br />interest on the Bonds, have been done and performed, and the
<br />creation, execution and delivery of this Indenture, and the
<br />creation, execution and issuance of the Bonds, subject to
<br />the terms hereof, have in all respects been duly authorized.
<br />NOW, THEREFORE, KNOW ALA MEN BY THESE PRESENTS, THIS
<br />INDENTURE OF TRUST AND MORTGAGE WITNESSETH:
<br />GRANTING CLAUSES
<br />That the Issuer, in consideration of the premises and
<br />the acceptance by the Trustee of the trusts hereby created
<br />and of the purchase and acceptance of the Bonds by the
<br />holders and owners thereof, arzd of the sum of ONE DOLLAR,
<br />lawful money of the United States of America, to it duly
<br />paid by the Trustee at or before the execution and delivery
<br />of these presents, and for other good and valuable
<br />considerations, the receipt of which is hereby acknowledged,
<br />in order to secure the payment of the principal of and
<br />interest on the Bonds according to their tenor and effect
<br />and the performance and observance by the Issuer of all the
<br />covenants, conditions, stipulations and agreements expressed
<br />or implied herein and in the Bonds, does hereby, subject to
<br />the terms and provisions of the Lease, grant a security
<br />interest in, bargain, sell, convey, mortgage, assign and
<br />gledge unto The Overland National Bank of Grand Island,
<br />Grand Island, Grand Island, Nebraska, as Trustee, and unto
<br />its successors in trust and to its assigns forever, for the
<br />securing of the performance of the limited obligation of the
<br />Issuer, as hereinafter set forth:
<br />I.
<br />In and to the leasehold interest in the Existing
<br />Property, described in FSXhibit "A" attached hereto, created
<br />by and pursuant to the Ground Lease, including all
<br />extensions aid renewals of the term thereof, and subject to
<br />the terms and conditions of the Consent to Conditional
<br />Assignment, dated as of Novamber 15, 1981, among the
<br />Railroad, the Issuer and the Trustee.
<br />II.
<br />In and to the Lease, including all extensions and
<br />renewals of the term thereof, if any, together with all
<br />right, title and interest of Issuer pursuant to the Lease,
<br />including, but without limiting the generality of the
<br />foregoing, the present and continuing right to make claim
<br />for, collect, receive and receipt far any of the rents,
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