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200504087 35. CROSS DEFAULT PROVISION. In addition to the indebtedness evidenced by the Note and secured by this Security Instrument, Borrower has also obtained from Lender a loan evidenced by a Note Secured by Construction Security Agreement dated October 30, 2003 in the principal amount of $1,970,000.00 and secured by a Construction Security Agreement/Deed of Trust with Assignment of Rents and Security Agreement dated October 30, 2003 and recorded October 31, 2003 as Instrument Number 0200314437 in the office of the Register of Deeds of Hall County, Nebraska. Borrower hereby agrees that any default or event of default under the terms and conditions of the foregoing note, security instrument or any other loan documents evidencing or securing said loan, shall constitute a default or event of default under the Note and this Security Instrument, and upon such occurrence, Lender may exercise, at its sole option, any of the rights or remedies contained in the Note, this Security Instrument or any other loan document evidencing or securing the indebtedness secured hereby, subject only to the expiration of any notice and /or grace period therein provided. 36. CROSS - COLLATERAL PROVISION. In addition to the indebtedness and obligations secured hereby and all future advances made at Lender's option or advanced to protect the security of the Security Instrument, this Security Instrument shall further secure Borrower's repayment of the indebtedness and performance of the obligations evidenced or secured by Borrower's Note Secured by Construction Security Agreement dated October 30, 2003 in the original principal sum of $1,970,000.00 made payable to the order of Lender and its assigns and the Construction Security Agreement/Deed of Trust with Assignment of Rents and Security Agreement dated October 30, 2003 and recorded October 31, 2003 as Instrument Number 0200314437 in the office of the Register of Deeds of Hall County, Nebraska, given by Borrower to Lender as security for said Note. IN WITNESS WHEREOF, Borrower has executed and delivered this Security Instrument as of the date and year first above written. BORROWER: THE MEADOWS APARTMENT HOMES, L.L.C., a Nebraska limited liability company By: Ray1mond J. O'Connor, Managing Member STATE OF NEBRASKA ) ss. COUNTY OF HALL ) The foregoing instrument was acknowledged before me this /S day of April, 2005, by Raymond J. O'Connor, the Managing Member of THE MEADOWS APARTMENT HOMES, L.L.C., a Nebraska limited liability company, on behalf of said company. GENERAL NOTARY. State of Nebraska RONALD H. BIBLENBBRG Notary Public My Comm. ry My Commission Expir WHEN RECORDED TO BE RETURNED TO: TierOne Bank c/o Credit Administration Department 1235 "N" Street Lincoln, NE 68508 13