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2 0�20�522
<br />MULTIFAMILY DEED OF TRUST,
<br />ASSIGNMENT OF LEASES AND RENTS,
<br />SECURITY AGREEMENT
<br />AND FIXTURE FILING
<br />This MULTIFANIILY DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS,
<br />SECURITY AGREEMENT AND FIXTURE FILING (as amended, restated, replaced,
<br />supplemented, or otherwise modified from time to time, the "Security Instrument") dated as of
<br />August �I, 2012, is executed by CHT GRAND ISLAND NE SENIOR LIVING, LLC, a limited
<br />liability company, organized and existing under the laws of Delaware, as grantor ("Borrower"),
<br />to CHICAGO TITLE INSURANCE COMPANY, a Nebraska corporation, as trustee
<br />("Trustee"), for the benefit of KEYCORP REAL ESTATE CAPITAL MARKETS, INC., a
<br />corporation, organized and existing under the laws of Ohio, as beneficiary ("Lender").
<br />Borrower, in consideration of (i) the loan in the original principal amount of Nine Million
<br />and No/100 Dollars ($9,000,000.00) (the "Mortgage Loan") evidenced by that certain
<br />Multifamily Note dated as of the date of this Security Instrument, executed by Borrower and
<br />made payable to the order of Lender (as amended, restated, replaced, supplemented, or otherwise
<br />modified from time to time, the "Note"), (ii) that certain Multifamily Loan and Security
<br />Agreement dated as of the date of this Security Instrument, executed by and between Borrower
<br />and Lender (as amended, resta.ted, replaced, supplemented or otherwise modified from time to
<br />time, the "Loan Agreement"), and (iii) the trust created by this Security Instrument, and to
<br />secure to Lender the repayment of the Indebtedness (as defined in this Security Instrument), and
<br />all renewals, extensions and modifications thereof, and the performance of the covenants and
<br />agreements of Borrower contained in the Loan Documents (as defined in the Loan Agreement),
<br />excluding the Environmental Indemnity Agreement (as defined in this Security Instrument),
<br />irrevocably and unconditionally mortgages, grants, warrants, conveys, bargains, sells, and assigns
<br />to Trustee, in trust, for benefit of Lender, with power of sale and right of entry and possession,
<br />the Mortgaged Property (as defined in this Security Instrument), including the real property
<br />located in Hall County, State of Nebraska, and described in E�iibit A attached to this Security
<br />Instrument and incorporated by reference (the "Land"), to have and to hold such Mortgaged
<br />Property unto Trustee and Trustee's successors and assigns, forever; Borrower hereby releasing,
<br />relinquishing and waiving, to the fullest extent allowed by law, all rights and benefits, if any,
<br />under and by virtue of the homestead exemption laws of the Property Jurisdiction (as defined in
<br />this Security Instruxnent), if applicable.
<br />Borrower represents and warrants that Borrower is lawfully seized of the Mortgaged
<br />Property and has the right, power and authority to mortgage, grant, warrant, convey, bargain, sell,
<br />and assign the Mortgaged Property, and that the Mortgaged Property is not encumbered by any
<br />Lien (as defined in this Security Instrument) other than Permitted Encumbrances (as defined in
<br />this Security Instrument). Borrower covenants that Borrower will warrant and defend the title to
<br />the Mortgaged Properly against all claims and demands other than Permitted Encumbrances.
<br />Fannie Mae Multifamily Security Instrument Form 6025.NE Page 1
<br />Nebraska O1-11 OO 2011 Fannie Mae
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