|
200103932
<br />(14) all tenant security deposits which have not been forfeited by any tenant
<br />under any Lease; and
<br />(15) all names under or by which any of the above Mortgaged Property may be
<br />operated or known, and all trademarks, trade names, and goodwill relating
<br />to any of the Mortgaged Property.
<br />(t) "Note" means the Multifamily Note described on page 1 of this Instrument,
<br />including the Acknowledgment and Agreement of Key Principal to Personal Liability for
<br />Exceptions to Non - Recourse Liability (if any), and all schedules, riders, allonges and addenda, as
<br />such Multifamily Note may be amended from time to time.
<br />(u) "O &M Program" is defined in Section 18(a).
<br />(v) "Personalty" means all furniture, furnishings, equipment, machinery, building
<br />materials, appliances, goods, supplies, tools, books, records (whether in written or electronic
<br />form), computer equipment (hardware and software) and other tangible personal property (other
<br />than Fixtures) which are used now or in the future in connection with the ownership,
<br />management or operation of the Land or the Improvements or are located on the Land or in the
<br />Improvements, and any operating agreements relating to the Land or the Improvements, and any
<br />surveys, plans and specifications and contracts for architectural, engineering and construction
<br />services relating to the Land or the Improvements and all other intangible property and rights
<br />relating to the operation of, or used in connection with, the Land or the Improvements, including
<br />all governmental permits relating to any activities on the Land.
<br />(w) "Property Jurisdiction" is defined in Section 30(a).
<br />(x) "Rents" means all rents (whether from residential or non - residential space),
<br />revenues and other income of the Land or the Improvements, including parking fees, laundry and
<br />vending machine income and fees and charges for food, health care and other services provided
<br />at the Mortgaged Property, whether now due, past due, or to become due, and deposits forfeited
<br />by tenants.
<br />(y) "Taxes" means all taxes, assessments, vault rentals and other charges, if any,
<br />general, special or otherwise, including all assessments for schools, public betterments and
<br />general or local improvements, which are levied, assessed or imposed by any public authority or
<br />quasi - public authority, and which, if not paid, will become a lien, on the Land or the
<br />Improvements.
<br />(z) "Transfer" means (A) a sale, assignment, transfer or other disposition (whether
<br />voluntary, involuntary or by operation of law); (B) the granting, creating or attachment of a lien,
<br />encumbrance or security interest (whether voluntary, involuntary or by operation of law); (C) the
<br />issuance or other creation of an ownership interest in a legal entity, including a partnership
<br />interest, interest in a limited liability company or corporate stock; (D) the withdrawal, retirement,
<br />removal or involuntary resignation of a partner in a partnership or a member or manager in a
<br />limited liability company; or (E) the merger, dissolution, liquidation, or consolidation of a legal
<br />entity. "Transfer" does not include (i) a conveyance of the Mortgaged Property at a judicial or
<br />non judicial foreclosure sale under this Instrument or (ii) the Mortgaged Property becoming part
<br />01- 327514.1
<br />FANNIE MAE MULTIFAMILY SECURITY INSTRUMENT - Form 4028 4/98 Page 5
<br />NEBRASKA
<br />
|