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MULTIFAMILY DEED OF TRUST,
<br />ASSIGNMENT OF LEASES AND RENTS,
<br />SECURITY AGREEMENT
<br />AND FIXTURE FILING
<br />This MULTIFAMILY DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY
<br />AGREEMENT AND FIXTURE FILING (as amended, restated, replaced, supplemented, or otherwise
<br />modified from time to time, the "Security Instrument ") dated as of November 30, 2012, is executed by
<br />J.A.A. REAL ESTATE, L.L.C., a limited liability company organized and existing under the laws of
<br />Nebraska, as grantor ( "Borrower "), to FIRST AMERICAN TITLE INSURANCE COMPANY, a California
<br />corporation, as trustee ( "Trustee "), for the benefit of CENTERLINE MORTGAGE CAPITAL INC., a
<br />corporation organized and existing under the laws of Delaware, as beneficiary ( "Lender ").
<br />Borrower, in consideration of (i) the loan in the original principal amount of ONE MILLION NINE
<br />HUNDRED SIXTY -FIVE THOUSAND AND 00/100 DOLLARS (US $1,965,000.00) (the "Mortgage
<br />Loan ") evidenced by that certain Multifamily Note dated as of the date of this Security Instrument, executed
<br />by Borrower and made payable to the order of Lender (as amended, restated, replaced, supplemented, or
<br />otherwise modified from time to time, the "Note "), (ii) that certain Multifamily Loan and Security Agreement
<br />dated as of the date of this Security Instrument, executed by and between Borrower and Lender (as
<br />amended, restated, replaced, supplemented or otherwise modified from time to time, the
<br />"Loan Agreement "), and (iii) the trust created by this Security Instrument, and to secure to Lender the
<br />repayment of the Indebtedness (as defined in this Security Instrument), and all renewals, extensions and
<br />modifications thereof, and the performance of the covenants and agreements of Borrower contained in the
<br />Loan Documents (as defined in the Loan Agreement), excluding the Environmental Indemnity Agreement
<br />(as defined in this Security Instrument), irrevocably and unconditionally mortgages, grants, warrants,
<br />conveys, bargains, sells, and assigns to Trustee, in trust, for benefit of Lender, with power of sale and right
<br />of entry and possession, the Mortgaged Property (as defined in this Security Instrument), including the real
<br />property located in Hall County, State of Nebraska, and described in Exhibit A attached to this Security
<br />Instrument and incorporated by reference (the "Land "), to have and to hold such Mortgaged Property unto
<br />Trustee and Trustee's successors and assigns, forever; Borrower hereby releasing, relinquishing and
<br />waiving, to the fullest extent allowed by law, all rights and benefits, if any, under and by virtue of the
<br />homestead exemption laws of the Property Jurisdiction (as defined in this Security Instrument), if
<br />applicable.
<br />Borrower represents and warrants that Borrower is lawfully seized of the Mortgaged Property and
<br />has the right, power and authority to mortgage, grant, warrant, convey, bargain, sell, and assign the
<br />Mortgaged Property, and that the Mortgaged Property is not encumbered by any Lien (as defined in this
<br />Security Instrument) other than Permitted Encumbrances (as defined in this Security Instrument). Borrower
<br />covenants that Borrower will warrant and defend the title to the Mortgaged Property against all claims and
<br />demands other than Permitted Encumbrances.
<br />Fannie Mae Multifamily Security Instrument Form 6025.NE
<br />Nebraska 06-12
<br />Prepared by RoboDocs®
<br />201210062
<br />Page 1
<br />© 2012 Fannie Mae
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