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�o�00���7 <br />D. All Indebtedness arising and occurring under the Debt Instruments from time to <br />time shall be secured by this Deed of Trust ta the same extent as though advanced an the date <br />her�of. <br />E. This Deed af Tnist further amends and restates that certain Amended and Restated <br />Real Estate Deed of Trust dated March I 1, 2��9 and filed on March 27, 2009 in Insttument No. <br />02009�2250 of the Hall County, Nebraska Recorder's Office, which amended thase documents <br />listed in Exhibit "B" hereto. <br />NOW, THEREFORE, for good and valuable cansideration, the receipt and sufficiency <br />of which are hereby acknawledged, Grantor and Beneficiary do hereby agree as follaws: <br />ARTICLE I. <br />�►`i Y [I]►�� <br />Section 1.01. Definitions. In addition to the terms defined in the Credit Agreement or <br />elsewhere in this Deed of Trust, the following tertns shall have the meanings specified in this <br />Section 1.01, unless the context clearly requires otherwise. The terms defined herein include the <br />plural as well as the singular. Accounting terms used in this Deed of Trust but not otherwise <br />defined herein shall have the meanings they have under GAAP. <br />Borrowers shall mean Grat�tor, Heartland Service Co, and Mid-Nebraska Lubricants, <br />LLC. <br />Deed of Trust shall mean this Real Estate Deed of Trust, as it may be amended, <br />modified, extended, renewed or restated from time to time. <br />Environmental Law shall have the meaning specified in Section 3.13. <br />Event af Default sha.11 have the meaning specified in Section 4.01. <br />Hazardous Materials shall have the meaning specified in Section 3.13. <br />Lien shall mean any statutory or common law consensual or non-consensual canveyance, <br />pledge, grant, security title or interest, lien, encumbrance or charge of any kind against praperty, <br />including, without limitation, any canditional sale or other title retention transaction, and any <br />lease transaction in the nature of a security interest. <br />Maximum Debt Limit shall mean $750,000,000 at any one time outstanding, including <br />optianal future advances. <br />Permitted Encumbrances shall mean: <br />(i) as to the property specifically described in Exhibit "A" hereto, the restrictions, <br />exceptions, reservations, conditions, limitations, interests and other matters which are set farth or <br />referred to in such descriptians; and <br />3 <br />