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200314437 <br />36. CROSS - DEFAULT PROVISION. In the event Borrower has entered or does in the future <br />enter into any other loan agreement, deed of trust, mortgage or note payable to Lender, a default in the <br />terms and provisions of the other loan agreement, note or instrument securing it shall constitute a default <br />hereunder. Nothing in the preceding sentence shall in any way lessen or impair the rights of Lender with <br />respect to this Deed of Trust and the Note (or notes) which it secures. Lender, at its option, may <br />separately enforce the provisions of any loan, note or deed of trust or mortgage securing it. Default <br />under each loan, note or deed of trust or mortgage shall constitute a separate cause of action, and the <br />institution of proceedings upon one, but not upon both or all, shall not be construed as a splitting of a <br />cause of action by Lender or a waiver of any rights under any other loan, note, or deed of trust or <br />mortgage. <br />IN WITNESS WHEREOF, Borrower has executed and delivered this Security Instrument as of <br />the date and year first above written. <br />BORROWER: <br />THE MEADOWS APARTMENT HOMES, L.L.C., <br />a Nebraska limited liability company <br />By: <br />Raymond J. O'Connor, Managing Member <br />STATE OF NEBRASKA ) <br />ss. <br />COUNTY OF HALL ) <br />The foregoing instrument was acknowledged before me this 9,) day of October, 2003, by <br />Raymond J. O'Connor, the Managing Member of THE MEADOWS APARTMENT HOMES, L.L.C., a <br />Nebraska limited liability company, on behalf of said company. <br />GENERAL NOTARY -State of Nebraska Z� --p �", <br />I! RONALD H. BIELENBERG Notary Public <br />My Commission — My Comm. Exp. Dec. i8. 2003 <br />WHEN RECORDED TO BE RETURNED TO: <br />TierOne Bank <br />c/o Credit Administration Department <br />1235 "N" Street <br />Lincoln, NE 68508 <br />13 <br />