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<br />deposits, income, proceeds, earnings, royalties, revenues, issues and profits payable thereunder and the
<br />rights to enforce, whether at law or in equity or by any other means, all provisions thereof and the right to
<br />apply the same to the payment and performance of the Indebtedness; (5) all fixtures, fixed assets,
<br />equipment and personalty of any kind whatsoever now or at any time hereafter acquired by the Grantor and
<br />now or at any time hereinafter annexed, affixed or attached to the Land and /or the Improvements, including
<br />(but without limiting the generality of the foregoing) all apparatus, appliances, machinery, equipment and
<br />articles used to supply or provide, or in connection with, heat, gas, air - conditioning, plumbing, water, lighting,
<br />power, elevator, sewerage, cleaning, refrigeration, cooling, ventilation and sprinkler systems, water heaters,
<br />all window shades, drapes and drapery equipment and apparatus, all fire prevention and extinguishing
<br />apparatus, all security and access control apparatus, all window cleaning apparatus, all grounds
<br />maintenance equipment, all maintenance supplies and all rugs and carpeting, and all other assets, including
<br />furniture, fixtures and equipment (whether affixed to the Land and /or the Improvements or otherwise), now
<br />owned or hereafter acquired by the Grantor and used or intended to be used in the possession, occupation,
<br />operation or other enjoyment of the Land and /or the Improvements, or in the operation or conduct of any
<br />business on or in the Land and /or the Improvements, and any and all replacements, additions and
<br />substitutions of or to any of the foregoing items; (6) all now existing and hereafter created or acquired
<br />deposits, accounts, accounts receivable, contract rights and general intangibles arising from or relating in
<br />any manner to any of the foregoing property or the development or operation thereof; (7) all books, records
<br />(electronic or otherwise), reports, surveys, plans, specifications, files, tests, plats, engineering reports,
<br />permits (government or otherwise), licenses (government or otherwise), escrow deposits, tenant security
<br />deposits, soil reports, agreements with contractors, architects, developers and /or municipal corporations or
<br />agencies, agreements and documents of any kind or nature relating to any of the foregoing property or the
<br />development or operation thereof; (8) all of the Grantor's rights and interests under and all accounts and
<br />receivables and other amounts now or hereafter owing to the Grantor under all existing and future leases or
<br />other agreements now or hereafter relating to the use, access or occupancy of any of the foregoing
<br />property, including, without limitation, the Land and /or the Improvements; (9) all of the Grantor's rights and
<br />interests under any existing and future commitments to provide loans or other financing for all or any part of
<br />the foregoing property, including, without limitation, the Land and /or the Improvements; (10) all of the
<br />Grantor's rights and interests under any existing and future sales contracts affecting all or any portion of the
<br />foregoing property, including, without limitation, the Land and /or the Improvements; and (11) all products
<br />and proceeds of any of the foregoing, including insurance proceeds and all proceeds of any award for the
<br />taking of all or any part of the foregoing pursuant to condemnation, eminent domain or any other
<br />governmental action.
<br />TO HAVE AND TO HOLD the Trust Estate unto the Trustee and the Beneficiary, and their
<br />respective successors and assigns forever, to secure the payment and performance of the Indebtedness,
<br />including, without limitation, the due performance of the covenants, agreements and provisions herein
<br />contained, and for the uses and purposes and upon the terms, conditions, provisions and agreements
<br />hereinafter expressed and declared.
<br />ARTICLE III.
<br />PARTICULAR REPRESENTATIONS, WARRANTIES AND
<br />COVENANTS OF THE GRANTOR
<br />The Grantor represents, warrants and, except as otherwise permitted by the Beneficiary,
<br />covenants with the Beneficiary as follows:
<br />Section 3.01. Authority to Execute and Deliver this Deed of Trust; All Action Taken;
<br />Enforceable Obligations. The Grantor is authorized under its articles of incorporation and bylaws or
<br />other applicable organizational documents and all applicable Laws and by corporate or organizational
<br />action to execute and deliver this Deed of Trust; and this Deed of Trust is, and any amendment,
<br />supplement or restatement of this Deed of Trust, when executed and delivered will be, the legal, valid and
<br />binding obligations of the Grantor which are enforceable in accordance with their respective terms.
<br />4
<br />5301729
<br />Hall County, Nebraska
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