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�011002�0 <br />or in the Impravements, and any operating a�reements relating ta the Land or the Improvements, <br />and any surveys, plans and specifications and contracts far architectural, engineering and <br />canstructian services relating to the Land or the Improvements and all other intangible property and <br />rights relating to the operation of, or used in connection with, the Land or the Impxovements, <br />including all governmental permits relating to any activities on the Land. <br />(w) "Property Jurisdiction" is defined in. Section 30(a). <br />(x) "Rents" means all rents (whether from residential or nvn-residential space), <br />revenues and other income af the Land or the improvements, including subsidy payments received <br />from any sources (inc:luding, but not limited to payments under any ���ousing Assistance Payments <br />Contract), parking fe�s, laundry and vending machinc income and fees and chargcs for food, hcalth <br />care and other services pravided at the Mortgaged Property, whether now due, past due, or to <br />b�com� due, and deposits farfeited by t�nants. <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 general <br />or local impravements, which are levied, assessed or imposed by any public autharity or quasi- <br />public authority, and which, if not paid, will become a lien, on the Land ar the Improvements, <br />(z) "Transfer" means (A) a sale, assignment, transfer, or other disposition (whether <br />voluntary, invaluntary ar by operation of law); (B) the gi�ant, creatian, or attachment of a lien, <br />encumbrance, ar security interest (whether voluntaiy, involuntary or by operation of law); (C) the <br />issuance or other creation of a direct or indirect ownership 'rnterest; or (D) the withdrawal, <br />retirement, removal nr involuntary resignation of any owner or manager of a legal entity. <br />(aa) "Bankruptcy Event" means any onc or more of the following: (i) the <br />cammencement af a voluntary case under one or more af the Insalvency Laws by ihe Borrawer; <br />(ii) the acknawledgment in writing by the Borrower that it is unable to pay its debts generally as <br />they mature; (iii) the making of a general assignment for thc benefit of crEditors by the Borrower; <br />(iv) an invaluntary case under one pr more Insalvency Laws against thc Borrower; (v) the <br />appointment af a receiver, liquidatar, custodian, sequestrator, trustce or other similar ofticer who <br />exercises control over the Borrower or any substantial part of the assets of the Borrowcr provided <br />that any proceedin� or case under (iv) ar (v) abave is nat dismissed within 90 days after filing. <br />(bb) "Borrowcr Affiliatc" m�ans, as to either Borrower ar Key Principal, (i) any entity <br />that directly or indirectly owns, controls, or holds with power to vate, 2� percent nr more of the <br />autstanding voting securities of Borrawer or of Key Principal, (ii) any corporation 2Q percent ar <br />more of whase autstanding voting securities are directly or indirectly awned, controlled ar huld <br />with pawer ta vote by �orrower ar by Key Principal, (iii) any partner, shareholder or, if a limited <br />liability company, member of Borrower ar Key Principal, or (iv) any other entity that is related <br />(to the third degree of consanguinity) by blood or mazria�e ta Barrawer or Kcy Principal. <br />FANNIE MAE MULTIFAMILY SECURITY INSTRUMENT - Form 4028 06/09 Ppge 6 <br />NEBRASKA <br />� 1997-2p09 h'annie M�c <br />