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2�iU[l"�� incurred thereby. All such sums so advanced by the Authority (exclusive of portions of the principal of the indebtedness s�cured thereby) shall be additionally secured by this Recapture Deed nf Trust and shall be due and payable on demand with interest at the rate ta be specified by the Authoxity. The Subaward and other charges provided far herein shall, at the option af the Authority or holder of this Recapture Deed of Trust and the 1602 Agreement securing; the same, become due and payable on the failure of the Grantor to keep and perform any af the covenants, conditians and agreements of said 1602 Agreement. This Recapture Deed of Trust is a construction rn�rtgage under the Nebraska Uniform Cornmercial Code, to secure an obligation incurred far the canstructian af itnprovements on land. This Recapture D�ed of Trust secures a construction loan, and it will be subject to the terrns of the 1602 Agreemetn between Grantor and the Authority. Any materials, equipment ar supplres used or intended for use in the construction, development, or operation of the Prernises, whether stored on or off the Prernises, shall also be subject to the lien of this Recapture Deed of Trust and Grantor, or Grantor's contractor iF Subaward praceeds are paid Co such contractor, shall apply the Subaward proceeds to the payrnent of lawfiil claims for labor and material furnished for such construction. 19. Notwithstanding any cantrary provision in this Recapture Deed of Trust or in the 1602 Agreement, this is a non-recourse Recapture Deed of Trust and Security Agreement and the Autharity shall have no recourse against Grantor, or any af its partners/members, or to any asset of Grantor, or any of its partners/me�nbers, other than the Premises, nor any right to a defrciency judgment in order to satisfy the indebtedness for payment of the Obligations evidenced by the 1602 Agreement. The Grantor is liable for any Rents collected by Grantor from the property after a default by Grantor under the 1602 Agreement, or an Event of Default under this Recapture Deed of Trust or a default under any ather instrument securing or referring to the Obligations, and security depasits made by tenants of the property and real estate taxes, assessments, water rates, levies and other charges as de�ined in this Recapture Deed of Trust and insurance premiums, payment of which is required to be made by Grantor under this Recapture Deed of Trust, and insurance proceeds and Condemnation Awards, payments and consideration which Grantor receives and to which the Authority is cntitled pursuant tn the terms of this Recapture I7eed of Trust or of any other instrurnent securing or referring ta the Qbiigatians, and damages to the pxaperty from waste comrnitted or permitted by Grantor or from a failure by Grantor to maintain the property in the manner required by this Recapture Deed of Trust, and damages suffered by the Authority as a result of the failure of Grantor to pay any of the faregoing, and loss or damage occurring by reason of the failure of Grantor to abserve its covenant respecting the release or discharge af Hazardous Materials or the kceping of asbestns or lead based paint on the property as set forth in this Recapture Deed of Trust, together with attorney's fees incurred in connection with the collection of the amounts set forth hcrein. 20. This Recapture Deed of Trust has been duly authorized by GranCar, and the individuals are instructed to execute on behalf of Grantor the 1602 Agreert�ent and this Recapture Deed of Trust securing same. 21. Sa long as the Recapture Deed af Trust and Obligations secured hereby are outstanding, Grantor will not (a) rent dwelling accommodations in the Prernises in excess of the rates apprpved by the Authority; (b) rent the Premises as an entirety; (c) xent the Premises or any part thexeof to any persons for the purpose of subleasing; (d) rent the Premises or permit its us� 13 Recepture Deed of Trust and Security Agreement 4839-8956-0838.2