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<br />uses, compressors, vacuum cleaning systems, call systems, fire prevention and
<br />extinguishing apparatus, kitchen equipment, cafeteria equipment, all of which to the extent
<br />permitted by law are hereby understood and agreed to be part and parcel of the Property and
<br />improvements thereon and appropriated to the use and operation of the Property and said
<br />improvements, and whether affixed or annexed or not, shall for the purposes of this Security
<br />Instrument be deemed constructively to be real estate and conveyed hereby, excluding,
<br />however, readily movable trade fixtures not used or acquired for use in connection with the
<br />operation of any such building or any part thereof, readily movable office furniture, furnishings
<br />and equipment not so used or acquired for use, and consumable supplies, whether or not
<br />affixed or annexed, that have been or that may hereafter be placed in any building
<br />constructed upon the Property or any part thereof.
<br />c. All reversions and remainders in the Property hereinbefore described or referred to.
<br />d. All and singular the tenements, hereditaments, privileges, easements, franchises, rights,
<br />appendages and appurtenances now or hereafter belonging or in anywise appertaining unto
<br />the Property, including all interests in the streets adjacent thereto.
<br />e. All the rents, issues, profits, revenues and other income of the Property subjected or required
<br />to be subjected to the lien of this Security Instrument, and all the estate, right, title and
<br />interest of every nature whatsoever of the Mortgage now owned or hereafter acquired in and
<br />to the same and every part and parcel thereof.
<br />"Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late
<br />charges due under the Note, all sums due under this Security Instrument, plus interest, and all other
<br />indebtedness of Borrower arising pursuant to the provisions of this Security Instrument or of any document
<br />or agreement executed in connection with or as security for the Note, together with all other indebtedness or
<br />obligations now existing or subsequently created from the Borrower to the Lender, regardless of the manner
<br />by which the indebtedness is evidenced or created, whether by notes, advances, contracts, agreements,
<br />bookkeeping entries or otherwise.
<br />"Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
<br />ordinances and administrative rules and orders ( that have the effect of law) as well as all applicable final, non -
<br />appealable judicial opinions.
<br />"Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and
<br />other charges that are imposed on Borrower or the Property by a condominium association, homeowners
<br />association or similar organization.
<br />"Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by
<br />check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic
<br />instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or
<br />credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine
<br />transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
<br />"Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds
<br />paid by any third party (other than insurance proceeds paid under the coverages described below) for: (I)
<br />damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property;
<br />(iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or
<br />condition of the Property.
<br />Deed of Trust and Security Agreement (NE) Page 2
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