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201109343
<br /> MULTIFAMILY DEED OF TRUST,
<br /> ASSIGNMENT OF LEASES AND REN'I'S,
<br /> SECURITY AGREEMENT
<br /> AND FIXTURE FILING
<br /> This MULTIFAMILY DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS,
<br /> SECURITY AGREEMENT AND FIXTURE FILING (as amended, restated, replaced,
<br /> supplemented, or otherwise modified from time to time, the "Security Instrument") dated as of
<br /> December 13, 2011, is executed by CEDAR RIDGE APARTMENTS-GRAND ISLAND,
<br /> LLC, a limited liability company organized and existing under the laws of Nebraska, as grantor
<br /> ("Borrower"), to First American Title Insurance Company, as trustee ("Trustee"), for the
<br /> benefit of AMERISPHERE MULTIFAMILY FINANCE, L.L.C., a limated liability company
<br /> organized and existing under the laws of Nebraska, as beneficiary ("Lender").
<br /> Borrower, in cansideration of (i) the loan in the original principal amount of
<br /> $3,125,000.00 (the "Mortgage Loan") evidenced by that certain Multifamily Note dated as of
<br /> the date af this Security Instrument, executed by Borrower and made payable to the order of
<br /> Lender (as amended, restated, replaced, supplemented, or otherwise modified from time to time,
<br /> the "Note"), (ii) that certain Multifamily Loan and Security Agreement dated as of the date of
<br /> this Secuxity Instrument, executed by and between Borrower and Lender (as amended, restated,
<br /> replaced, supplemented or otherwise modified from time to time, the "Loan Agreement"), and
<br /> (iii)the trust created by this Security Instrument, and to secure to Lender the repayment of the
<br /> Indebtedness (as defined in this Security Instrument), and all renewals, extensions and
<br /> modifications thereof, and the perfornnance of the covei�ants and agreements of Borrower
<br /> contained in the Loan Documents (as defined in the Loan Agreement), excluding the
<br /> Environmental Indemnity Agreement (as defined in this Security Instrument), irrevocably and
<br /> unconditionally mortgages, grants, warrants, conveys, bargains, sells, and assigns to Trustee, in
<br /> trust, fox benefit of Lender, with power of sale and right of entry and possession, the Mortgaged
<br /> Property (as defined in this Security Instrument), including the real property located in Hall
<br /> County, State of Nebraska, and described in Exhibit A attached to this Security Instrument and
<br /> incorporated by reference (the "Land"), to have and to hold such Mortgaged Property unto
<br /> Trustee and Trustee's successors and assigns, forever; Borrower hereby releasing, relinquishing
<br /> and waiving, to the fullest extent allowed by law, all rights and benefits, if any, under and by
<br /> virtue of tha homestead exemption laws of the Property Jurisdiction (as defined in this Security
<br /> Instrument), if applicable.
<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, warrant, convey, bargain, sell,
<br /> and assign the Mortgaged Property, and that the Mortgaged Property is not encumbered by any
<br /> Lien (as defined in this Security Instrument) other than Permitted Encumbrances (as defined in
<br /> Fannie Mae Multifamily Security Instrument Form 6025.1VE Page l
<br /> Nebraska O1-1 l �2011 Fannie Mae
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