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<br />ARTICLE I.
<br />DEFINITIONS
<br />Section 1.01. Definitions. In addition to the terms defined in the Loan Agreement or
<br />elsewhere in this Deed of Trust, the following terms shall have the meanings specified in this
<br />Section 1.01, unless the context clearly requires otherwise. The terms defined herein include the plural
<br />as well as the singular. Accounting terms used in this Deed of Trust but not otherwise defined herein
<br />shall have the meanings they have under GAAP.
<br />Deed of Trust shall mean this Third Amended and Restated Real Estate Deed of Trust, as it may
<br />be amended, modified, extended, renewed, supplemented or restated from time to time.
<br />Event of Default shall have the meaning specified in Section 4.01.
<br />Maximum Debt Limit shall mean $750,000,000 at any one time outstanding, including optional
<br />future advances.
<br />Permitted Encumbrances shall mean:
<br />(i) as to the property specifically described in Exhibit "A" hereto, the restrictions, exceptions,
<br />reservations, conditions, limitations, interests and other matters which are set forth or referred to in such
<br />descriptions; and
<br />(ii) as to the Trust Estate, any Permitted Lien.
<br />Trust Estate shall have the meaning specified in Section 2.01.
<br />ARTICLE II.
<br />GRANTING CLAUSES
<br />Section 2.01. Granting Clauses. In order to secure the repayment of the Indebtedness,
<br />whether such Indebtedness is made or incurred pursuant to a commitment, made at the option of a
<br />Secured Creditor, made or incurred after a reduction to zero or other balance, or made or incurred
<br />otherwise, up to the Maximum Debt Limit, and to declare the terms and conditions upon which the
<br />Indebtedness is to be secured, the Grantor, in consideration of the premises, does hereby grant, bargain,
<br />sell, alienate, convey, assign, transfer, mortgage, hypothecate, pledge, set over and confirm unto the
<br />Beneficiary, and its respective assigns, for the benefit of the Secured Creditors, the following (all of which
<br />are hereinafter collectively called the "Trust Estate "):
<br />All right, title and interest of the Grantor in and to those fee and leasehold estates in real property
<br />described in Exhibit "A" hereto (the "Land "), subject in each case to those matters set forth in such
<br />Exhibit, TOGETHER with (1) all buildings, improvements, structures and fixtures now or at any time
<br />hereafter, erected, situated or placed on the Land (collectively, the "Improvements "); (2) all rights,
<br />privileges, easements, hereditaments, appendages and appurtenances belonging to or in anywise
<br />appertaining to the Land and /or the Improvements (including, without limitation, air and subsurface rights,
<br />rights in water and rights in coal, oil and other minerals); (3) all right, title, interest and estate of the Grantor
<br />in and to streets, roads, ways, sidewalks, curbs, alleys and areas adjoining the Land and any and all
<br />portions thereof, and whether vacated by law or ordinance (conditionally or otherwise); (4) all leases,
<br />subleases, lettings and licenses of the Land and /or the Improvements or any part thereof now or hereafter
<br />entered into, and all amendments, modifications, extensions, renewals and restatements thereof (all of
<br />the foregoing hereinafter collectively referred to as the "Leases "), and all right, title and interest of the
<br />Grantor thereunder, including cash and securities deposited thereunder (as down payments, security
<br />deposits or otherwise), the right to receive and collect the rents, expense reimbursements, security
<br />5301729
<br />Hall County, Nebraska
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