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202500373
<br />"Loan Agreement" means the Multifamily Loan and Security Agreement executed by
<br />Borrower in favor of Lender and dated as of the date of this Instrument, as such
<br />agreement may be amended from time to time.
<br />"Loan Documents" means the Note, this Instrument, the Loan Agreement, all guaranties,
<br />all indemnity agreements, all collateral agreements, UCC filings, O&M Programs, the
<br />MMP and any other documents now or in the future executed by Borrower, any guarantor
<br />or any other Person in connection with the loan evidenced by the Note, as such
<br />documents may be amended from time to time.
<br />"Loan Servicer" means the entity that from time to time is designated by Lender or its
<br />designee to collect payments and deposits and receive Notices under the Note, this
<br />Instrument and any other Loan Document, and otherwise to service the loan evidenced by
<br />the Note for the benefit of Lender. Unless Borrower receives Notice to the contrary, the
<br />Loan Servicer is the entity identified as "Lender" in the first paragraph of this Instrument.
<br />"Mortgaged Property" means all of Borrower's present and future right, title and
<br />interest in and to all of the following:
<br />(a) The Land, or, if Borrower's interest in the Land is pursuant to a Ground
<br />Lease, the Ground Lease and the Leasehold Estate.
<br />(b) The Improvements.
<br />(c) The Fixtures.
<br />(d) The Personalty.
<br />(e) All current and future rights, including air rights, development rights,
<br />zoning rights, water rights (certificated or not), irrigation rights, stock or
<br />membership rights in any water or irrigation district, and other similar
<br />rights or interests, easements, tenements, rights of way, strips and gores of
<br />land, streets, alleys, roads, sewer rights, waters, watercourses and
<br />appurtenances related to or benefiting the Land or the Improvements, or
<br />both, and all rights -of -way, streets, alleys and roads which may have been
<br />or may in the future be vacated.
<br />(f) All proceeds paid or to be paid by any insurer of the Land, the
<br />Improvements, the Fixtures, the Personalty or any other part of the
<br />Mortgaged Property, whether or not Borrower obtained the insurance
<br />pursuant to Lender's requirement.
<br />All awards, payments and other compensation made or to be made by any
<br />municipal, state or federal authority with respect to the Land, the
<br />Improvements, the Fixtures, the Personalty or any other part of the
<br />Mortgaged Property, including any awards or settlements resulting from
<br />(g)
<br />Nebraska
<br />Multifamily Deed of Trust, Assignment of Rents
<br />and Security Agreement
<br />Page 5
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