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200609624 36. CROSS-COLLATERAL PROVISION. In addition to the indebtedness evidenced by the Note and other 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 all other obligations, debts and liabilities, plus interest thereon, of Borrower, or anyone or more of them, to Lender, as well as all claims by Lender against Borrower or anyone or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower may be liable individually or jointly with others, and whether obligated as guarantor, surety, accommodation party or otherwise. 37. PARTIAL RELEASE. Provided no default or event of default shall then exist under the Note, this Security Instrument, the Construction Loan Agreement or the Hazardous Substances Certificate and Indemnity Agreement, Lender agrees to partially release this Security Instrument as to any individual condominium unit hereafter created or platted (herein "Unit") constituting the Property described on Exhibit "A" attached hereto, subject to the following terms and conditions: (a) All requests for partial releases shall be made in writing directed to Lender, TierOne Bank, c/o Credit Administration Department, 1235 N Street, Lincoln, NE 68508; and (b) With respect to each Unit requested to be reconveyed, Borrower shall pay to Lender a Release Amount of$120,OOO.00; and (c) All amounts paid to Lender in connection with each partial release, pursuant to this Paragraph 37, shall be applied towards a Principal reduction on the Note and shall not delay or otherwise extend the date of payment of (or be applied against) any monthly payment due under the Note; and (d) All partial reconveyances shall be made without warranty and neither Lender nor Trustee shall be responsible for any recording fees in connection therewith. 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 I, L.L.C., a Nebraska limited liability company By: Ra ond J. O'Connor, Managing Member STATE OF NEBRASKA ) ) ss. COUNTY OF HALL ) The foregoing instrument was acknowledged before me this ril7 day of October, 2006, by Raymond J. O'Connor, the Managing Member of THE MEADOWS APARTMENT HOMES I, L.L.C., a Nebraska limited liability company, on behalf of said company. GENERAL NOTARY. Stale of Nebraska RONALD H. Ell ElERG E! . . My Camm. Exp ~()~ #(.i.~ otary Public 12