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202500373
<br />UNIFORM COVENANTS
<br />(Revised 7-30-2024)
<br />Covenants. In consideration of the mutual promises set forth in this Instrument, Borrower and
<br />Lender covenant and agree as follows:
<br />1. Definitions. The following terms, when used in this Instrument (including when used in
<br />the above recitals), will have the following meanings and any capitalized term not
<br />specifically defined in this Instrument will have the meaning ascribed to that term in the
<br />Loan Agreement:
<br />"Attorneys' Fees and Costs" means (a) fees and out-of-pocket costs of Lender's and
<br />Loan Servicer's attorneys, as applicable, including costs of Lender's and Loan Servicer's
<br />in-house counsel, support staff costs, costs of preparing for litigation, computerized
<br />research, telephone and facsimile transmission expenses, mileage, deposition costs,
<br />postage, duplicating, process service, videotaping and similar costs and expenses;
<br />(b) costs and fees of expert witnesses, including appraisers; (c) investigatory fees; and (d)
<br />the costs for any opinion required by Lender pursuant to the terms of the Loan
<br />Documents.
<br />"Borrower" means all Persons identified as "Borrower" in the first paragraph of this
<br />Instrument, together with their successors and assigns.
<br />"Business Day" means any day other than a Saturday, a Sunday or any other day on
<br />which Lender or the national banking associations are not open for business.
<br />"Event of Default" means the occurrence of any event described in Section 8.
<br />"Fixtures" means all property owned by Borrower which is now or in the future will be
<br />attached to the Land or the Improvements so as to constitute a fixture under applicable
<br />law, including: machinery, equipment, engines, boilers, incinerators and installed
<br />building materials; systems and equipment for the purpose of supplying or distributing
<br />heating, cooling, electricity, gas, water, air or light; antennas, cable, wiring and conduits
<br />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
<br />and related machinery and equipment; fire detection, prevention and extinguishing
<br />systems and apparatus; security and access control systems and apparatus; plumbing
<br />systems; water heaters, ranges, stoves, microwave ovens, refrigerators, dishwashers,
<br />garbage disposers, washers, dryers and other appliances; light fixtures, awnings, storm
<br />windows and storm doors; pictures, screens, blinds, shades, curtains and curtain rods;
<br />mirrors; cabinets, paneling, rugs and floor and wall coverings; fences, trees and plants;
<br />swimming pools; and exercise equipment.
<br />Nebraska
<br />Multifamily Deed of Trust, Assignment of Rents
<br />and Security Agreement
<br />Page 3
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