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201002922 <br />hereditaments, rents, royalties, mineral, oil and gas rights acid profits, water, water rights, and <br />water stock appurtenant to the property (collectively, the "Premises"). <br />TOGETHER with all of Subsidiary's estate, right, title and interest, now owned or <br />hereafter acquired, in: <br />a. all buildings, immovable property, erections, improvements, fixtures, <br />fixed machinery and fixed equipment presently situated on the Premises or which may at any <br />time hereafter be acquired, constructed or placed thereon or used in connection therewith (all of <br />the foregoing together with replacements and additions thereto are referred to herein as <br />"Improvements"); <br />b. all compensation, awards, damages, rights of action and proceeds, <br />including interest thereon and/or the proceeds of any policies of insurance therefor, arising out of <br />or relating to a (i) taking or damaging of the Premises or Improvements thereon by reason of any <br />public ar private improvement, condemnation proceeding (including change of grade), sale or <br />transfer in lieu of condemnation, or fire, earthquake or other casualty, or (ii) any injury to or <br />decrease in the value of the Premises or the Improvements for any reason whatsoever; <br />c. return premiums or other payments upon any insurance any time provided <br />for the benefit of or naming Subsidiary, and refunds or rebates of taxes or assessments on the <br />Premises; <br />d. all. the right, title and interest of Subsidiary in, to and under all written and <br />oral leases and rental agreements (including extensions, renewals and subleases; all of the <br />foregoing shall be referred to collectively herein as the "Leases") now ar hereafter affecting the <br />Premises including, without limitation, all rents, issues, profits and other revenues and income <br />therefrom and from the renting, leasing or bailment of Improvements and equipment, all <br />guaranties of tenants' performance under the Leases, and all rights and claims of any kind that <br />Subsidiary may have against any tenant under the Leases or in connection with the termination <br />or rejection of the Leases in a bankruptcy or insolvency proceeding and the leasehold estate of <br />Subsidiary; <br />e. plans, specifications, contracts and agreements relating to the design or <br />construction of the Improvements; Subsidiary's rights under any payment, performance, or other <br />bond in connection with the design or construction of the Improvements; all landscaping and <br />construction materials, supplies, and equipment used or to be used or consumed in connection <br />with construction of the Improvements, whether stared on the Premises or at some other <br />location; and contracts, agreements, and purchase orders with contractors, subcontractors, <br />suppliers, and materialmen incidental to the design or construction of the Improvements; <br />f. all contracts, accounts, rights, claims or causes of action pertaining to or <br />affecting the Premises or the Improvements, including, without limitation, all options or <br />contracts to acquire other property for use in connection with operation or development of the <br />Premises or Improvements, management contracts, service ar supply contracts, deposits, bank <br />accounts, general intangibles (including without limitation trademarks, trade names and <br />3 <br />(Grand Island, Hall County, Nebraska) <br />10476803.5 <br />14451-2246 <br />