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200109059 b. All buildings and other improvements now or hereafter located on the Land, including without limitation a 160 -unit multi - family housing development to be constructed thereon by Grantor (the "Improvements "); and C. All machinery, apparatus, equipment, fittings and fixtures of every kind and nature whatsoever now owned or hereafter acquired by Grantor, which may now or hereafter be placed in any building(s) or other improvement(s) now or hereafter constructed, rehabilitated, renovated, improved or placed upon said Land or any part thereof, and whether used or procured for use in connection with the operation and maintenance of said building(s) or improvement(s) or the operation of any business of Grantor conducted on or from said building(s) or improvement(s), all of which machinery, apparatus, equipment, fittings and fixtures are hereby declared, determined and agreed to be part and parcel of said lands and premises and appropriated to the use thereof, whether affixed or annexed thereto or not, and shall for the purposes of this Deed of Trust be deemed conclusively to be real estate and conveyed hereby as security for the payment and performance herein mentioned (it being agreed that to the extent any of the property described or referred to in this Deed of Trust is governed by the provisions of the Uniform Commercial Code or any similar statute adopted by the State of Nebraska, this Deed of Trust is hereby deemed to be a "Security Agreement" under said code or similar statute, and Grantor is hereby deemed to be the "Debtor" and Beneficiary is hereby deemed to be the "Secured Party" thereunder. Grantor, and each successor and assign of Grantor, specifically agrees that it will join with Beneficiary in executing one or more Financing Statements pursuant to the Uniform Commercial Code in such form and with such parties signatory as Beneficiary or such successor or assign of Beneficiary may request, to be filed in such office or offices as Beneficiary or such successor or assign may deem necessary or desirable); all of the foregoing being sometimes hereinafter collectively referred to as the "Property." TO HAVE AND TO HOLD the Property and every part thereof unto the Trustee, and unto his successors and assigns; IN TRUST NEVERTHELESS, to secure the payment of the Note and debt above described and the performance of the covenants and agreements herein undertaken to be performed by Grantor; and subject to the following terms, conditions and uses, Grantor covenants and agrees with Beneficiary, its successors and assigns, as follows: This conveyance constitutes a deed of trust of the Property. The indebtedness hereby secured includes any renewal or extension of any part or all of said indebtedness; and if any portion of said indebtedness or any provision of this instrument shall be held invalid for any reason, it is the intent of the parties that such portion shall be severable, and such invalidity shall not affect the remainder of said debt or instrument. Any one of several persons named as Beneficiary herein or their assigns may receive payment of the secured indebtedness and execute a valid cancellation or reconveyance hereof. No release of any part of the property herein described or extension of all or any part of the indebtedness hereby secured, shall affect the priority of this instrument A: 0eedOflrust2.doc 2