201002922
<br />symbols), permits, licenses, franchises and certificates, and all commitments or agreements, now
<br />or hereafter in existence, intended by the obligor thereof to provide Subsidiary with proceeds to
<br />satisfy the loan evidenced hereby or improve the Premises or Improvements, and the right to
<br />receive all proceeds due under such commitments or agreements including refundable deposits
<br />and fees (the term "general intangibles" as used in this paragraph shall have the meaning given
<br />such term in the Uniform Commercial Code-Secured Transactions of the state where the
<br />Premises is located);
<br />g. all books, records, surveys, reports and other documents related to the
<br />Premises, the Improvements, the Leases, or other items of collateral described herein;
<br />h. all additions, accessions, replacements, substitutions, proceeds and
<br />products of the real and personal property, tangible and intangible, described herein;
<br />i. all accounts, debts, demands, choses in action which are now due, owing
<br />ar accruing due or which may hereafter become due, owing or accruing due to Subsidiary,
<br />including claims under insurance policies;
<br />j, all furniture, machinery, equipment, vehicles, accessories and other
<br />tangible personal property (other than Inventory) and accounts receivable now owned or
<br />hereafter acquired by the Subsidiary, together with any proceeds of sale or disposition thereof;
<br />k. all goods, merchandise and other personal property, whether tangible or
<br />intangible, now awned or hereafter acquired by Subsidiary which is held for sale, lease or license
<br />to customers, furnished to customers under any contract of service or held as raw materials, work
<br />in process, supplies or materials used or consumed in the Subsidiary's business (collectively, the
<br />"Inventory"); and
<br />1. with respect to the personal property described in paragraphs (a)-(k),
<br />inclusive, all proceeds therefrom, including property in any form, derived directly or indirectly
<br />from any dealing, with such property and proceeds therefrom.
<br />All of the foregoing described collateral is exclusive of any furniture, furnishings or trade
<br />fixtures owned and supplied by tenants of the Premises. The Ground Lease, the Premises, the
<br />Improvements, the Leases, the Inventory and all of the rest of the foregoing property are herein
<br />referred to as the "Property."
<br />TO HAVE AND TO HOLD the above-described Property unto Trustee in trust far the
<br />benefit of Master Collateral Agent and its successors and assigns forever.
<br />TO SECURE TO MASTER COLLATERAL AGENT (a) payment of the indebtedness
<br />and obligations described as the "Obligations" under the Intercreditar Agreement, (b) the
<br />repayment of any amount owed under the Guaranty; (c) the repayment of any future advances, if
<br />any, with interest thereon, made pursuant to Section 2$ hereof (herein "Future Advances");
<br />(d) the payment of all other sums, with interest thereon, advanced in accordance herewith to
<br />protect the security of this Instrument ar to fulfill any of Canadian Borrower, U.S. Borrower
<br />and/or Subsidiary's obligations hereunder or under the other Benefited Creditor Documents
<br />4
<br />(Grand Island, Hall County, Nebraska)
<br />10476803.5
<br />14451-2246
<br />
|