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MULTIFAMILY DEED OF TRUST, <br />ASSIGNMENT OF LEASES AND RENTS AND <br />SECURITY AGREEMENT <br />201302392 <br />THIS MULTIFAMILY DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS <br />AND SECURITY AGREEMENT, WHICH, FOR AS LONG AS THE LOAN IS INSURED OR <br />HELD BY HUD, SHALL BE DEEMED TO BE THE MORTGAGE AS DEFINED BY <br />PROGRAM OBLIGATIONS ( "Security Instrument "), is made as of March r , 2013, <br />among CARMALOR NEBRASKA L.P., a limited partnership organized and existing <br />under the laws of Nebraska, whose address is P.O. Box 711521, Santee, California <br />92072, as Borrower (Borrower), to First American Title Insurance Company, Inc., as <br />trustee (Trustee), a corporation organized and existing under the laws of Nebraska, whose <br />address is 13924 Gold Circle, Omaha, Nebraska, 68144, and as Lender, SECRETARY OF <br />HOUSING AND URBAN DEVELOPMENT, WASHINGTON, DC (Lender), whose address <br />is 451 7th Street SW, Washington, DC 20410. <br />Borrower, in consideration of the Indebtedness and the trust created by this Security <br />Instrument, irrevocably grants, conveys and assigns to Trustee and Trustee's successors <br />and assigns, in trust, with power of sale, the Mortgaged Property, including the Land <br />located in Hall County, State of Nebraska and described in Exhibit A attached to this <br />Security Instrument, to have and to hold the Mortgaged Property unto Trustee and <br />Trustee's successors and assigns. <br />TO SECURE TO LENDER the repayment of the Indebtedness evidenced by <br />Borrower's Note payable to Lender dated as of the date of this Security Instrument, and <br />maturing on April 1, 2043 in the principal amount of Nine Hundred Eighteen Thousand <br />Two Hundred Seventy -four and 70/100 Dollars ($918,274.70)( "Loan "), and all <br />renewals, extensions and modifications of the Indebtedness, and the performance of the <br />covenants and agreements of Borrower contained in this Security Instrument and the Note. <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, convey and assign the <br />Mortgaged Property, and that the Mortgaged Property is unencumbered except for <br />easements and restrictions listed in a schedule of exceptions to coverage in any title <br />insurance policy issued to Lender contemporaneously with the execution and recordation <br />of this Security Instrument and insuring Lender's interest in the Mortgaged Property. <br />Borrower covenants that Borrower shall warrant and defend generally such title to the <br />Mortgaged Property against all claims and demands, subject to said easements and <br />restrictions. <br />Previous editions are obsolete HUD MF Security Instrument HUD- 94000M (Rev. 04/11) <br />Mortgage Restructuring Mortgage Page 5 FRENCH VILLAGE <br />