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200804831 incurred by Bank under the terms of any interest protection agreements; Swap Agreements, schedule and confirmation of trade details; interest swap agreements; and/or interest hedging agreements now or hereafter signed by and between Bank and Borrower in connection with the Credit Facility. This Deed of Trust secures the payment, performance and observance by Borrower of all of the covenants and conditions in the Note, Loan Documents, and any extensions or renewals thereof, as it may be modified, amended or supplemented at any time and from time to time, and in this Deed of Trust, and to secure all debts, obligations and liabilities of Borrower to Bank in connection with the Credit Facility under any interest rate swap, cap, collar, floor, option or other derivative agreements (including, as applicable, any Swap Agreement and each schedule, transaction and confirmation relating to or entered into under the Swap Agreement or under any other such agreement), and all other agreements designed to protect against fluctuations in interest rates or currency exchange rates. All persons who may acquire an interest in all or any part of the Property will be considered to have notice of, and will be bound by, the terms of the Secured Obligations and each other agreement or instrument made or entered into in connection with each of the Secured Obligations. ARTICLE 2. GRANTING CLAUSE 2.1 Grant to Trustee. As security for the Secured Obligations, Borrower hereby unconditionally grants, bargains, sells, conveys and assigns the Property to the Trustee, in trust for the benefit of the Bank, as Beneficiary, WITH POWER OF SALE and of entry and possession, and subject to all provisions hereof, all estate, right, title and interest which Borrower now has or may later acquire in and to the Property, and subject to all provisions hereof. TO HAVE AND TO HOLD the Property unto Trustee, forever, and Borrower does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND the title to the Property unto Trustee against every person whomsoever lawfully claiming or to claim the same or any part thereof; provided, however, that if Borrower shall pay (or cause to be paid) the Secured Obligations as and when the same shall become due and payable and shall fully perform and discharge (or cause to be fully performed and discharged) the Secured Obligations on Of before the date same are to be performed and discharged, then the liens, security interests, estates, and rights granted by the Loan Documents shall terminate, in accordance with the provisions hereof, otherwise same shall remain in full force and effect. A certificate or other written statement executed on behalf of Trustee or Bank confirming that the Secured Obligations have not been fully paid, performed or discharged shall be sufficient evidence thereof for the purpose of reliance by third parties on such fact. 2.2 Security Interest to Bank. As additional security for the Secured Obligations, Borrower hereby grants to Bank a security interest in the Chattels and in the Intangible Personalty and in such of the Real Property as may be deemed personalty (collectively, the "Collateral"). To the extent any of the Collateral may be or has been acquired with funds advanced by Bank under the Loan Documents, this security interest is a purchase money security interest. This Deed of Trust constitutes a security agreement under the Uniform Commercial Code of Nebraska (the "Code") with respect to any part of the Property and Collateral that may I03209-60617-957802v5 5 us Bank I Riverbend Apartments Phase I Deed of Trust