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<br /> (e) "Loan Documents": The Loan Documents as defined in the Credit Agreement.
<br /> (� "Mortgaged Property": The fee interest in the real property described in Exhibit
<br /> A attached hereto and incorporated herein by this reference, together with any greater estate therein as
<br /> hereafter may be acquired by Grantar (the "Land"), and all of Grantor's right, title and interest now or
<br /> hereafter acquired in and to(1) all improvements now owned or hereafter acquired by Grantor, now or at
<br /> any time situated, placed or constructed upon the Land(the"Improvements";the Land and Improvements
<br /> are collectively referred to as the"Premises"), (2)all personal property now owned or hereafter acquired
<br /> by Grantor and now or hereafter attached to any of the Improvements or the Land that are or,become
<br /> fixtures (as defined in the UCC, defined below) related to the Land (the "Fixtures"), (3) all leases,
<br /> licenses, concessions, occupancy agreements or other agreements (written or oral, now or at any time in
<br /> effect) which grant to any Person a possessory interest in, or the right to use, all or any part of the
<br /> Mortgaged Property, together with all related security and other deposits (the "Leases"), (4) all of the
<br /> rents, security and other types of deposits, and other benefits paid or payable by parties to the Leases for
<br /> using, leasing, licensing possessing, operating from, residing in, selling or otherwise enjoying the
<br /> Mortgaged Property (the "Rents"), (5) all other agreements, such as construction contracts, architects'
<br /> agreements, engineers' contracts, utility contracts, maintenance agreements, management agreements,
<br /> service contracts, listing agreements, guaranties, warranties, permits, licenses, certificates and
<br /> entitlements in any way relating to the construction, use, occupancy, operation, maintenance, enjoyment
<br /> or ownership of the Mortgaged Property (the "Properry Agreements"), (6) all rights, privileges,
<br /> tenements, hereditaments, rights-of-way, easements, appendages and appurtenances appertaining to the
<br /> foregoing, (7) all property tax refunds payable with respect to the Mortgaged Property (the "Tc�
<br /> Refunds"), (8) all accessions, replacements and substitutions for any of the foregoing and all proceeds
<br /> thereof(the"Proceeds"), (9)all insurance policies, unearned premiums therefor and proceeds from such
<br /> policies covering any of the above property now or hereafter acquired by Grantor(the"Insurance"), and
<br /> (10) all awards, damages, remunerations, reimbursements, settlements or compensation heretofore made
<br /> or hereafter to be made by any governmental authority pertaining to any condemnation or other taking(or
<br /> any purchase in lieu thereofl of all or any portion of the Land, Improvements or Fixtures (the
<br /> "Condemnation Awards"). As used in this Deed of Trust,the term"Mortgaged Property" shall mean all
<br /> or, where the context permits or requires, any portion of the above or any interest therein.
<br /> (g) "Obligations": All of the agreements, covenants, conditions, warranties,
<br /> representations and other obligations of Grantor under the Credit Ageement and the other Loan
<br /> Documents to which it is a party.
<br /> (h) "Permitted Liens": The Liens described as "Permitted Liens" in the Credit
<br /> Agreement, which shall include those exceptions set forth in Schedule B of that certain policy of title
<br /> insurance issued to Beneficiary by Stewart Title Insurance Company on or about the date hereof in
<br /> respect of the Mortgaged Property.
<br /> (i) "Secured Parties": The Secured Parties identified in the recitals hereto.
<br /> (j) "UCC": The Uniform Commercial Code of Nebraska or, if the creation,
<br /> perfection and enforcement of any security interest herein granted is governed by the laws of a state other
<br /> than Nebraska,then, as to the matter in question, the Uniform Commercial Code in effect in that state.
<br /> ARTICLE 2 �
<br /> GRANT
<br /> Section 2.1 Facilitv Grant. To secure the full and timely payment of the
<br /> Indebtedness and the full and timely performance of the Obligations, Grantor GRANTS, BARGAINS,
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