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<br />12. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Trustor will keep the Property in good condition
<br />and make all repairs that are reasonably necessary. Trustor will give Beneficiary prompt notice of any loss
<br />or damage to the Property. Trustor will keep the Property free of noxious weeds and grasses. Trustor will
<br />not initiate, join in or consent to any change in any pnvate restrictive covenant, zoning ordinance or other
<br />public or private restriction limiting or defining the uses which may be made of the Property or any part of
<br />the Property, without Beneficiary's prior written consent. Trustor will notify Beneficiary of all demands,
<br />proceedings, claims, and actions against Trustor or any other owner made under law or regulation regarding
<br />use, ownership and occupancy of the Property. Trustor will comply with all legal requiFements and
<br />restrictions, whether public or private, with respect to the use of the Property. Trustor also agrees that the
<br />nature of the occupancy and use will not change without Beneficiary's prior wntten consent.
<br />No portion of the Property will be removed, demolished or materially altered without Beneficiary's prior
<br />written consent except that Trustor has the right to remove items of personal property comprising a part of
<br />the Property that become worn or obsolete, provided that such personal property is replaced with other
<br />personal property at least equal in value to the replaced personal property, free from any title retention
<br />device, security agreement or other encumbrance. Such replacement of personal property will be deemed
<br />subject to the security interest created by this Deed of Trust. Trustor shall not partition or subdivide the
<br />Property without Beneficiary's prior wntten consent. Beneficiary or Beneficiary's egents may, at
<br />Beneficiary's option, enter the Property at eny reasonable time for the purpose of inspecting the Property.
<br />Any inspection of the Property shall be entirely for Beneficiary's benefit and Trustor will in no way rely on
<br />Beneficiary's inspection.
<br />13. AUTHORITY TO PERFORM. If Trustor fails to perform any of Trustor's duties under this Deed of Trust, or
<br />any other mortgage, deed of trust, security agreement or other lien document that has priority over this
<br />Deed of Trust, Beneficiary may, without notice, perform the duties or cause them to be performed. Trustor
<br />appoints Beneficiary as attorney in fact to sign Trustor's name or pay any amount necessary for
<br />performance. If any construction on the Property is discontinued or not carried on in a reasonable manner,
<br />Beneficiary may do whatever is necessary to protect Beneficiary's security interest in the Property. This
<br />may include completing the construction.
<br />Beneficiary's right to perform for Trustor shall not create an obligation to perform, and Beneficiary's failure
<br />to perform will not preclude Beneficiary from exercising any of Beneficiary's other rights under the law or
<br />this Deed of Trust. Any amounts paid by Beneficiary for insuring, preserving or otherwise protecting the
<br />Property and Beneficiary's security interest will be due on demand and will bear interest from the date of
<br />the payment until paid in full at the interest rate in effect from time to time according to the terms of the
<br />Evidence of Debt.
<br />14. ASSIGNMENT OF LEASES AND RENTS. Trustor irrevocably assigns, grants and conveys to Beneficiary as
<br />additional security all the right, title and interest in the following (Property).
<br />A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements
<br />for the use and occupancy of the Property, including but not limited to, any extensions, renewals,
<br />modifications or replacements (Leases).
<br />B. Rents, issues and profits, including but not limited to, security deposits, minimum rents, percentage
<br />rents, additional rents, common area maintenance charges, parking charges, real estate taxes, other
<br />applicable taxes, insurance premium contributions, liquidated damages following default, cancellation
<br />premiums, "loss of rents" insurance, guest receipts, revenues, royalties, proceeds, bonuses,
<br />accounts, contract rights, general intangibles, and all rights and claims which Trustor may have that
<br />in any way pertain to or are on account of the use or occupancy of the whole or any part of the
<br />Praperty (Rents►.
<br />In the event any item listed as Leases or Rents is determined to be personal property, this Assignment will
<br />also be regarded as a security agreement.
<br />Trustor will promptly provide Beneficiary with copies of the Leases and will certify these Leases are true
<br />and correct copies. The existing Leases will be provided on execution of the Assignment, and all future
<br />Leases and any other information with respect to these Leases will be provided immediately after they are
<br />executed. Trustor may collect, receive, enjoy and use the Rents so long as Trustor is not in default. Trustor
<br />will not collect in advance any Rents due in future lease periods, unless Trustor first obtains Lender's
<br />written consent. Upon default, Trustor will receive any Rents in trust for Beneficiary and Trustor will not
<br />commingle the Rents with any other funds. When Beneficiary so directs, Trustor will endorse and deliver
<br />any payments of Rents from the Property to Beneficiary. Amounts collected will be applied at Beneficiary's
<br />Securky Inetrumerrt-Commercial/Agriculiural-NE AGCO-RESI-NE 7/1/2011
<br />VMP� Bankers Systems7M VMP-0596(NE) 11707).00
<br />Woltere Kluwer Flnancial Servlcea OO 1993, 2011 Page 4 of 10
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