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201007862 or in the name of the Grantor, and to pay and discharge all debts, obligations, and liabilities incurred thereby. All such sums so advanced by the Authority (exclusive of portions of the pri.ncipal of the indebtedness secured thereby) shall be additionally secured by this Recapture Deed af Trust and shall be due and payable on dexnand with interest at the rate to be specified by the Authority. The Subaward and other charges prvvided for herein shall, at the option of the Authority or hnlder of this Recapture Deed of Trust �nd the 1602 Agreement securing the same, become due and payable on the failure of the Grantor to keep and perform any of the covenants, cond.itions and agrecments of said 1602 Agreement. This Recapture Deed of Trust is a coxastruction mortgage under the Nebraska Uniform Commercial Code, to secure an abligation incurred for the construction of impravements on land This Recapt'ux�e Deed of Trust secures a construction loan, and it will be subject to the terma of a loan agreement between Grantpr and Beneficiary. Any materials, �quipment or supplies used ar intended for use in the construcdon, dev�lopment, or operation of tl�e P�r�mis�s, whether stored on or off the Premises, shall also be subject to the lien of this Recapture Deed of Trust and Grantor, ar Grantor's contractor if loan proceeds are paid to such contractor, shall apply the loan proceeds to the payment of lawful claims for la�bor and material furnished for such construction. 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 ar a defauJt under any other instrvment securing or referring to the Obligations, and security deposits made by tena,nts of the property, and real estate taa�es, ass�ssments, water rates, levies and other chazges as defined iw this R�capture De�d af Trust and insurance premiums, payment of which i5 required to be made by Grantor under this Recapture Deed of Trust, and insurance proceed5 and Condemnatibn Awards, payments and consideration which Grantaz receives and to which tla,e Authority is entitled pursuant to the terms of this Recapture Peed of Trust or of any other instiniment securing ar referring t� the Obligations, and damages ta tlae praperty from waste committed or penmitted by Grantbr or from a failure by Grantor to maintain the property in the manner required by this Reeapture D�ed of Tz�ust, and da�anages suffered by the Authority as a result afthe failure of Grantor to pay any of'the foregoing, and loss or damage occurring by reason of the failwre of Grantar to observe its covenant respecting the release or discha.rge of Hazazdous Materials or the keeping of asbestqs or lead based pai.nt on the property as set farth in this Recapture Deed of Trust, tog�ther with attorney's fees incurred in connection with the callection of the amounts set farth herein. 20. This Recapture Deed of Tnxst has been duly authori��d by Grantor, aud the individuals are instructed to execute an behalf of Cnantar said above-described 1602 Agreement and this Recapture Deed of Trust securing same. 21. So long as the Recapture Deed of Trust and Obligations sccured hercby are outstanding, Gra.ntor will not (a) rent dwelling accommodations in the Premises in exeess of the rates appraved by the Authority; (b) rent the Premises as an entirety; (c) r�nt the Premises or any pazt th�reof to any persons for the purpose of subleasing; (d) rent the Premis�s ar p�n:nit its use foz� hatel or transient purposes; or (e) require of any tenant as a condition of accupancy life�loase contracts, fees or other payments over and above those for rents, utilities, and collateral services. The irutial lease pet�i,od shall not be less than six months an,d subsequent leases sha11 not be less tla,an one month. " 13 Recapturo Deed of Trust and SecuNty Agreement 4840�753A94Z.2