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zol l002�0
<br />MULTYFAMILY DEED �F TRUST,
<br />ASSIGNMENT OF RENTS AND
<br />SECURITY AGR��MENT
<br />THIS MULTIFAMILY DEED 0�' TRUST, ASSTGNMENT OF REN'TS AND
<br />SECURITY AGREEMENT (the "Instrument") is dated as of the 11�' day oF January, 2011,
<br />among GRAND VYEW GI APTS, LLC, a limited liability company organized and existing
<br />under the laws of Nebraska, whose address is 16910 Frances Street, omaha, Nebraska 68130, as
<br />grantor, ("Borrower"), to FIRST AMER.ICAN TITLE INSURANCE COMPANY, as trustee
<br />("Trustee"), for the benefit af AMERYSPHERE MULT�FAMYLY FYNANCE, L,.L.C., a
<br />limitcd liability campaany or�anized and existing under the laws of Nebraska, whose address is
<br />One Pacific Place, Suite 13Q, 1125 Sauth 1Q3rd Street, Omaha, Nebraska 6812�, as beneficiary
<br />("Lender").
<br />Borrowcr, in consideration of the Indebtedn�ss and the trust created by this Instrum�nt,
<br />irrevocably grants, conveys and assigns to Trustee, in trust, with power of sale, the Mortgaged
<br />Property, including the Land located in Hall Caunty, State of Nebraska and described in Exhibit
<br />A attached to this Instrument.
<br />TO SEC[1R� TO LENDER the repayment af the Indebtedness evidenced by Borrower's
<br />Multifamily Note payable to Lender, dated as af the date of this Instrument, and maturing an
<br />February l, 2021, in the principal amount of $2,700,000.00, and all renewals, extensions and
<br />modificatinns of the Indebtedness, and the performance of the cavenants and agreements of
<br />Barrower cantained in the Lo�n Documents.
<br />Borrower represents and warrants that Borrower is lawfully seized of the Mortgaged
<br />Property and has the right, power and authority to mortgage, grant, canvey and assign thc
<br />Mortgaged Property, and that the Mortgaged Property is unencumbered. Barrower covcnants
<br />that �nrrower will warrant and defend generally the title to the Martgaged Property against all
<br />claims and demands, subject to any easements and restrictions listed in a schedule of exceptions
<br />to coverage in any title insurance policy issucd to Lender contemporaneously with the execution
<br />and recardation of this Instrument and insuring Lender's interest in the Mprtgag�d Property.
<br />Covenants. Barrower and Lender covenant and agree as follows:
<br />1. DEFINITIONS.
<br />The following terms, when used in this Instrument (including when used in the above
<br />recitals), shall have th� fallowing meanings:
<br />(a) "Borrower" means all persons or entities idsntified as "Sarrower" in the �rst
<br />paxagraph of this Insri ta�ether with their successors and assigns.
<br />FANNIE MAE MULTIFAMILY SEGUR�TY TNSTRUM�NT - Form 4028 06/09 L'uge 1
<br />NEBRASKA
<br />� 1997-2009 Fannie Mae
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