|
Borrower, and by their acceptance hereof, each of Trustee and Lender covenants and
<br />agrees as follows:
<br />1. Defined Terms.
<br />Capitalized terms used and not specifically defined herein have the meanings given to
<br />such terms in the Loan Agreement. All terms used and not specifically defined herein, but which
<br />are otherwise defined by the UCC, shall have the meanings assigned to them by the UCC. The
<br />following terms, when used in this Security Instrument, shall have the following meanings:
<br />"Condemnation Action" means any action or proceeding, however characterized or named,
<br />relating to any condemnation or other taking, or conveyance in lieu thereof, of all or any part of
<br />the Mortgaged Property, whether direct or indirect.
<br />"Enforcement Costs" means all expenses and costs, including reasonable attorneys' fees and
<br />expenses, fees and out -of- pocket expenses of expert witnesses and costs of investigation,
<br />incurred by Lender as a result of any Event of Default under the Loan Agreement or in
<br />connection with efforts to collect any amount due under the Loan Documents, or to enforce the
<br />provisions of the Loan Agreement or any of the other Loan Documents, including those incurred
<br />in post judgment collection efforts and in any bankruptcy or insolvency proceeding (including
<br />any action for relief from the automatic stay of any bankruptcy proceeding or Foreclosure
<br />Event) or judicial or non judicial foreclosure proceeding, to the extent permitted by law.
<br />"Environmental Indemnity Agreement" means that certain Environmental Indemnity
<br />Agreement dated as of the date of this Security Instrument, executed by Borrower to and for the
<br />benefit of Lender, as the same may be amended, restated, replaced, supplemented, or otherwise
<br />modified from time to time.
<br />"Environmental Laws" has the meaning set forth in the Environmental Indemnity Agreement.
<br />"Event of Default" has the meaning set forth in the Loan Agreement.
<br />Fannie Mae Multifamily Security Instrument
<br />Nebraska
<br />Form 6025.NE
<br />06 -12
<br />201603849
<br />"Fixtures" means all Goods that are so attached or affixed to the Land or the Improvements as to
<br />constitute a fixture under the laws of the Property Jurisdiction.
<br />"Goods" means all of Borrower's present and hereafter acquired right, title and interest in all
<br />goods which are used now or in the future in connection with the ownership, management, or
<br />operation of the Land or the Improvements or are located on the Land or in the Improvements,
<br />including inventory; furniture; furnishings; machinery, equipment, engines, boilers, incinerators,
<br />and installed building materials; systems and equipment for the purpose of supplying or
<br />distributing heating, cooling, electricity, gas, water, air, or light; antennas, cable, wiring, and
<br />conduits used in connection with radio, television, security, fire prevention, or fire detection, or
<br />otherwise used to carry electronic signals; telephone systems and equipment; elevators and
<br />related machinery and equipment; fire detection, prevention and extinguishing systems and
<br />Page 2
<br />© 2012 Fannie Mae
<br />
|