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99106857
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Last modified
3/13/2012 6:26:37 PM
Creation date
10/20/2005 11:57:25 PM
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DEEDS
Inst Number
99106857
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99 106�5� <br /> This Deed of Trust, the Loan Agreement and any other <br /> instrument given to evidence or further secure the payment and <br /> performance of any obligation secured hereby are referred to <br /> collectively as the "Project Loan Documents . " <br /> Trustor covenants that (i) it h�lds title to the Trust <br /> Estate and has lawful authority to encumber the Trust Estate, (ii) <br /> the Trust Estate is free and clear of all liens and encumbrances <br /> except as stated on Exhibit B attached hereto and incorporated <br /> herein by reference, and (iii) Trustor will defend the Trust Estate <br /> against the lawful claims of any person. <br /> TO PROTECT THE SECURITY OF THIS DEED OF TRUST: <br /> 1 . DEFINITIONS . In addition to the words and terms <br /> elsewhere defined in this Deed of Trust, the words and terms set <br /> forth in Section 1 hereof shall have the meanings therein set forth <br /> unless the context or use expressly indicates different meaning or <br /> intent . Capitalized terms not defined herein shall have the <br /> meanings set forth in the Indenture. Such definitions shall be <br /> equally applicable to both the singular and plural forms of any of <br /> the words and terms therein defined. <br /> As used herein: <br /> "Act" means Nebraska Investment Finance Authority Act, Neb. <br /> Rev. Stat . , Sections 58-201 et seq. , as amended. <br /> "Bonds" means Issuer' s $507, 004 Multifamily Loan Revenue Bonds <br /> (Southlawn Apartments Project) Series 1999 to be issued pursuant to <br /> the Indenture, and "Owners" of Bonds means the persons in whose <br /> names any Bond is registered on the books of Issuer maintained by <br /> Five Points Bank, Grand Island, Nebraska, as registrar. <br /> "Bond Trustee" means Five Points Bank, Grand Island, Nebraska. <br /> "Code" means the Internal Revenue Code of 1986, as amended. <br /> "Condemnation Award" means the total condemnation proceeds <br /> actually paid or payable by the condemnor as a result of the <br /> condemnation of all or any part of the mortgaged Property. <br /> "Deed of Trust" or "Mortgage" means this Deed of Trust and <br /> Security Agreement, as from time to time amended or supplemented. <br /> "Default" means any of the events described as an event of <br /> default in Section 11 hereof . <br /> "Indenture" means the Trust Indenture dated as of even date <br /> herewith between the Issuer and the Beneficiary, as from time to <br /> time amended or supplemented. <br /> 3 <br />
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