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<br />B. The execution, delivery and performance of this Deed of Trust by Trustor and the obligation
<br />evidenced by the Evidence of Debt are within the power of Trustor, have been duly authorized,
<br />have received all necessary governmental approval, and will not violate any provision of law, or
<br />order of court or governmental agency.
<br />C. Other than disclosed in writing Trustor has not changed its name within the last ten years and has
<br />not used any other trade or fictitious name. Without Beneficiary's prior written consent, Trustor
<br />does not and will not use any other name and will preserve its existing name, trade names and
<br />franchises until the Secured Debt is satisfied.
<br />12. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Trustor will keep the Property in good
<br />condition and make all repairs that are reasonably necessary. Trustor will give Beneficiary prompt notice
<br />of any loss or damage to the Property. Trustor will keep the Property free of noxious weeds and
<br />grasses. Trustor will not initiate, join in or consent to any change in any private restrictive covenant,
<br />zoning ordinance or other public or private restriction limiting or defining the uses which may be made of
<br />the Properry or any part of the Property, without Beneficiary's prior written consent. Trustor will notify
<br />Beneficiary of all demands, proceedings, claims, and actions against Trustor or any other owner made
<br />under law or regulation regarding use, ownership and occupancy of the Property. Trustor will comply
<br />with all legal requirements and restrictions, whether public or private, with respect to the use of the
<br />Property. Trustor also agrees that the nature of the occupancy and use will not change without
<br />Beneficiary's prior written 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
<br />of the Property that become worn or obsolete, provided that such personal property is replaced with
<br />other personal property at least equal in value to the replaced personal property, free from any title
<br />retention device, security agreement or other encumbrance. Such replacement of personal property will
<br />be deemed subject to the security interest created by this Deed of Trust. Trustor shall not partition or
<br />subdivide the Property without Beneficiary's prior written consent. Beneficiary or Beneficiary's agents
<br />may, at Beneficiary's option, enter the Property at any reasonable time for the purpose of inspecting the
<br />Property. Any inspection of the Property shall be entirely for Beneficiary's benefit and Trustor will in no
<br />way rely on Beneficiary's inspection.
<br />13. AUTHORITY TO PERFORM. If Trustor fails to perform any of Trustor's duties under this Deed of Trust,
<br />or any other mortgage, deed of trust, security agreement or other lien document that has priority over
<br />this Deed of Trust, Beneficiary may, without notice, perform the duties or cause them to be performed.
<br />Trustor 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
<br />manner, Beneficiary may do whatever is necessary to protect Beneficiary's security interest in the
<br />Property. This may include completing the construction.
<br />Beneficiary's right to perform for Trustor shall not create an obligation to perform, and Beneficiary's
<br />failure to perform will not preclude Beneficiary from exercising any of Beneficiary's other rights under
<br />the law or this Deed of Trust. Any amounts paid by Beneficiary for insuring, preserving or otherwise
<br />protecting the Property and Beneficiary's security interest will be due on demand and will bear interest
<br />from the date of the payment until paid in full at the interest rate in effect from time to time according
<br />to the terms of the Evidence of Debt.
<br />14. ASSIGNMENT OF LEASES AND RENTS. Trustor irrevocably assigns, grants and conveys to Beneficiary
<br />as 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
<br />agreements for the use and occupancy of the Property, including but not limited to, any
<br />extensions, renewals, modifications or replacements (Leases).
<br />B. Rents, issues and profits, including but not limited to, security deposits, minimum rents,
<br />percentage rants, additional rents, common area maintenance charges, parking charges, real
<br />estate taxes, other applicable taxes, insurance premium contributions, liquidated damages
<br />following default, cancellation premiums, "loss of rents" insurance, guest receipts, revenues,
<br />royalties, proceeds, bonuses, accounts, contract rights, general intangibles, and all rights and
<br />claims which Trustor may have that in any way pertain to or are on account of the use or
<br />occupancy of the whole or any part of the Property (Rents).
<br />Sacurity Instrumant-Commercial/Agricultural-NE AGCO-RESI-NE 7/2/2011
<br />VMP� Bankers SystemsT� VMP-059bINE) (11071.00 '
<br />Wohars Kluwer Rnancial Services O 1993, 2011 Paga 4 of 11
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