|
� • ' ^ 201100111
<br />Beneficiary, not affect any other provision of this Trust Deed, but this Trust Deed shall be construed as if such
<br />invalid, illegal, or unenforceable provision had never been contained herein or therein. If the lien of the Trust Deed
<br />is invalid or unenfarceable as to any part of the debt, or if the lien is invalid or unenforccable as to any part of the
<br />Praperty, the unsecured or partially secured portion of the debt shall be completely paid prior ta the payrnent of the
<br />remaining and secured or partially secured portion vf the debt, and all payments made on the debt, whether
<br />volunt�ry or involuntary, shall bc considered to have been first paid on and applied to the full payxnent af that
<br />poz�tion of the debt which is not secured or not fully secured by ihc lien of thia Trust Deed.
<br />26. TRUSTEE LIABILITY. So long as the Trustee shall aat in good faith and in reliance upon.
<br />notices and other inforniation wluch it, in its sole discretion raay deem to be reliable, and so long as Trustee shall
<br />exercise reasonable prudence and care in its administrativn hereunder, Trustee shall not be liable for any loss or
<br />damage sustained or incurred by the Treastors or any Beneficiary or by auy other persons whomsoever, it being
<br />expressl y stipulated that the Trustee shall be liable only for its own gmss negligence and wi.tlful default in the
<br />premises.
<br />Z7. N[7MBER AND GENDER. Whenever used herein, the singular number shall inctude the plural,
<br />and the use of any gender shatl be applicable to all genders.
<br />?.8. ACCEPTANCE BY TRUSTEE. Trustee accepts tivis Trust when this Trust Deed, duly executed
<br />and aclaiowledged, is made � public record as provided by (aw.
<br />29. STANDSTILL REST�tICTIONS. So Iong as N�braska Fund XV, �,.P. (or an Af�iliate thereof� is
<br />the investor member of Bonrower, Payee will not commence (i) fareclosuz�e proceedings with respect to the Property
<br />under the Loan Documents or exercise any other rights or remedies it may have under the I.oan Documents,
<br />including, bnt not limited to, accelexating the I.oan, collecting rents, appoint (or seeking the appointment ofl a
<br />receiver or exercising any other rights or remedies thereunder; or (ii) join with aaay other creditor in coxnmencing
<br />any bankruptcy reorganization, arrangemcnt, insolvency or liquidation proceedings with respect to the Borrower (the
<br />"Standstill Restrictions"). The Standstill Restrictions shall only be app[icable during the "Taac Credit Compliance
<br />Period", as that term is de�ned in Section 42 of the Internal Revenue Code.
<br />IN WITNESS WSEREOF, Trustor has executed thia Trust Deed as of the date and year first above
<br />written.
<br />MOSAIC RESIDENTIpL SERVTC�S OF
<br />NEBRASKA, LLC, a Nebraska limited liability
<br />company
<br />By
<br />Na�
<br />�r��
<br />STATE OF NEBRASKA )
<br />) ss.
<br />COUNTY QF )
<br />On December g, 2010, before me, the undersi�ned notary public dul iss oned and quali�ed in and
<br />for saaid county and state, personally appeared ,����'ti'�v"�'�r Mosaic Housing Corp.
<br />V, Inc., Managing Member of Trustor, personally known to e ta be the identieal person who signed the above and
<br />faregoing Trust Deed, and he aclmowledged the execution of the same to be his voluntary act and deed on behalf of
<br />the Trustor.
<br />WITNESS my hand and aotarial seat the day and year last above written.
<br />� GENERAI. NDtARY-State ot Nebraaka
<br />NANCY HAW8UA70N
<br />My Comm. Exp. May 12, 2a13
<br />,�l ; 1.,�l,�
<br />{1324410.2}
<br />By: Mosaic Aousing Corp. V, Inc., a Nebraska
<br />corporation, Managin�g Member
<br />
|