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��ioo�s3� the Authority. The Subaward and other charges provided for herein shall, at the option of the Authority or holder of this Recapture Deed of Trust and the 1602 Agreement securing the same, become due and payabl� on the failure of the Grantor to keep and perform any of the covenants, conditions and agreem�nts of the 1602 Agreement. This Recapture Deed af Trust is a construction mortgage under the Nebraska Uniform Comrnercial Cade, to secure an obligation incurred for the construction of improvernents an land. This Recapture Deed of Trust secures the Obligations, and it will be subject to the terms of the 1602 Agreement between Grantor and Authority. Any materials, equipment or supplies used or intended for use in the construction, development, or operation of the Premises, whether stored on or off the Premises, shall also be subject to the lien of this Recapture Deed of Trust and Grantor, or Grantor's contractor if Subaward proceeds are paid to such contractor, shall apply the Subaward proceeds to the payment of lawful claims for labor and material furnished for such constructian. 19. 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 af Default under this Recapture Deed of Trust or a default under any ather instrument securin� or referring to the Obligations, and security deposits rnade by tenants of the property, and real estate taxes, assessments, water rates, levies and ather charges as d�fined in this Recapture Deed of Trust and insurance premiums, payment af which is required to be made by Grantor under this Recapture Deed of Trust, and insurance proceeds and Condernnation Awards, payments and consideratian which Grantor receives and to which the Authority is entitled pursuant to the terms of this Recapture Deed of Trust ar of any other instrument securing or referring ta the Obligations, and damages to the property frorn waste comrnitted or perrnitted by Grantor or frorn a failure by Grantar to rnaintain 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 ta pay any of the faregoing, and loss ar damage occurring by reason af the failure of Grantor to observe its covenant respecting the release or discharge of Hazardous Materials or the keeping of asb�stas or lead based paint on the praperty as set forth in this Recapture Deed of Trust, together with attarney's fees incurred in connection with the collection of the amounts set forth herein. 20. This Recapture Deed of Trust has been duly authorized by Grantar, and the individuals are instructed to execute on behalf af Grantor the 1602 Agreement and this Recapture Deed of Trust securing same. 2l. So lang as the Recapture Deed of Trust and Obligations secured hereby are outstanding, Grantor will not (a) rent dwelling accommodations in the Premises in excess of the rates approved by the Authority; (b) rent the Premises as an entirety; (c) rent the Premises or any part thereof to any persons for the purpose af subleasing; (d) rent the Premises or permit its use for hotel or transient purposes; or (e) require of any tenant as a condition af occupancy life-lease contracts, fees or other payments over and abave those far rents, utilities, and collateral services. The initial lease period shall not be less than six months and subsequent leases shall not be less than one month. 22. When and if Grantor and the Authority shall respectively become the Debtor and secured party in any Uniform Commercial Cade financing statement affecting the Premises eith�r referred to or described herein, or in any way connected with the use and enjoyment of 13 Recapture Peed of Trust and Security Agreement 4848-2546-7143.3