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<br />200901647
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<br />(v) "Personalty" means all equipment, inventory, general intangibles which are used
<br />now or in the future in connection with the ownership, management or operation of the Land or
<br />the Improvements or are located on the Land or in the Improvements, including furniture,
<br />furnishings, machinery, building materials, appliances, goods, supplies, tools, books, records
<br />(whether in written or electronic form), computer equipment (hardware and software) and other
<br />tangible personal property (other than Fixtures) which are used now or in the future in
<br />connection with the ownership, management or operation of the Land or the Improvements or
<br />are located on the Land or in the Improvements, and any operating agreements relating to the
<br />Land or the Improvements, and any surveys, plans and specifications and contracts for
<br />architectural, engineering and construction services relating to the Land or the Improvements and
<br />all other intangible property and rights relating to the operation of, or used in connection with,
<br />the Land or the Improvements, including all governmental permits relating to any activities on
<br />the Land.
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<br />(w) "Property Jurisdiction" is defined in Section 30(a).
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<br />(x) "Rents" means all rents (whether from residential or non-residential space),
<br />revenues and other income of the Land or the Improvements, including subsidy payments
<br />received from any sources (including, but not limited to payments under any Housing Assistance
<br />Payments Contract) parking fees, laundry and vending machine income and fees and charges for
<br />food, health care and other services provided at the Mortgaged Property, whether now due, past
<br />due, or to become due, and deposits forfeited by tenants.
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<br />(y) "Taxes" means all taxes, assessments, vault rentals and other charges, if any,
<br />general, special or otherwise, including all assessments for schools, public betterments and
<br />general or local improvements, which are levied, assessed or imposed by any public authority or
<br />quasi-public authority, and which, if not paid, will become a lien, on the Land or the
<br />Improvements.
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<br />(z) "Transfer" means (A) a sale, assignment, transfer or other disposition (whether
<br />voluntary, involuntary or by operation of law); (B) the granting, creating or attachment of a lien,
<br />encumbrance or security interest (whether voluntary, involuntary or by operation of law); (C) the
<br />issuance or other creation of an ownership interest in a legal entity, including a partnership
<br />interest, interest in a limited liability company or corporate stock; (D) the withdrawal, retirement,
<br />removal or involuntary resignation of a partner in a partnership or a member or manager in a
<br />limited liability company; or (E) the merger, dissolution, liquidation, or consolidation of a legal
<br />entity. "Transfer" does not include (i) a conveyance of the Mortgaged Property at a judicial or
<br />non-judicial foreclosure sale under this Instrument or (ii) the Mortgaged Property becoming part
<br />of a bankruptcy estate by operation of law under the United States Bankruptcy Code. For
<br />purposes of defining the term "Transfer," the term "partnership" shall mean a general
<br />partnership, a limited partnership, a joint venture and a limited liability partnership, and the term
<br />"partner" shall mean a general partner, a limited partner and a joint venturer.
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<br />2. UNIFORM COMMERCIAL CODE SECURITY AGREEMENT. This
<br />Instrument is also a security agreement under the Uniform Commercial Code for any of the
<br />Mortgaged Property which, under applicable law, may be subject to a security interest under the
<br />Uniform Commercial Code, whether acquired now or in the future, and all products and cash and
<br />non-cash proceeds thereof (collectively, "UCC Collateral"), and Borrower hereby grants to
<br />Lender a security interest in the UCC Collateral. Borrower hereby authorizes Lender to file
<br />financing statements, continuation statements and financing statement amendments, in such form
<br />as Lender may require to perfect or continue the perfection of this security interest and Borrower
<br />agrees, if Lender so requests, to execute and deliver to Lender such financing statements,
<br />FANNIE MAE MULTIFAMILY SECURITY INSTRUMENT - Form 4028 11/01 Page 5
<br />NEBRASKA
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<br />@ 1997-2001 Fannie Mae
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