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201109343 this Security Instrument). Borrower covenants that Borrower will warrant and defend the title to the Mortgaged Property against all claims and demands other than Permitted Encumbrances. Borrower, and by their acceptance hereof, each of Trustee and Lender covenants and agrees as follows: 1. Defined Terms. Capitalized terms used and not specifically defined herein have the meanings given to such terms in the Loan Agreement. All terms used and not specifically defined herein, but which are otherwise defined by the UCC, shall have the meanings assigned to them by the UCC. The following terms, when used in this Security Instrument, shall have the fallowing meanings: "Condemnation Action" means any action ox proceeding, however characterized or named, relating to any condemnation or other taking, or conveyance in lieu thereof, of all or any part af the Mortgaged Property, whether direct or indirect, "Enforcement Costs" means all expenses and costs, including reasonable attorneys' fees and expenses, fees and out-of-pocicet expenses of expert witnesses and costs of investigation, incurred by Lender as a result of any Event of Default under the Loan Agreement or in connection with efforts to collect any amount due under the Loan Documents, or to enforce the provisions of the Loan Agreement or any of the other Loan Documents, including those incurred in post judgment collection efforts and in any bankruptcy or insolvency proceeding (including any action for relief from the automatic stay of any bankruptcy proceeding or Foreclosure Event) or judicial or non judicial foreclosure proceeding, to the extent permitted by law. "Env�aronmental Indemnity Agreement" means that certain Environmental Indemnity Agreement dated as of the date of this Security Instrument, executed by Borrower to and for the benefit of Lender, as the same may be amended, restated, replaced, supplemented, or otherwise modified from time to time. "Environmental Laws" has the meaning set forth in the Envixonmental Indamnity Agreement, "Event of Default" has the meaning set forth in the Loan Agreement. "Fixtures" means all Goods that are so attached or affixed to the Land or the Improvements as to constitute a fixture under the laws of the Property Jurisdiction. "Goods" means all goods which are used now or in the future in connection with the ownership, management, or operation of the Land or the Improvements or are located on the Land or in the Improvements, including inventory; furniture; furnishings; machinery, equipment, engines, boilers, incinerators, and ii-�stalled building materials; systems and equipment for the purpose of supplying or distributing heating, cooling, electricity, gas, water, air, or light; antennas, cable, Fannie Mae Multifamily Security Instrument Form 6025.NE Page 2 Nebraska O1-11 C�2011 Fannie Mae