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<br />9. DUE ON SALE OR ENCUMBRANCE. Beneficiary may, at its option, declare the entire balance orthe
<br />SeCLtred i3ebt to be immediately dile and payable upon the creation or, transfer or sale of all or any part
<br />of -the Property- This right is subject to the restrictions imposed by federal law (12 C.F.R. X91), as
<br />applicable.. This covenant shatt run with the Property and shall remain in effect €.tntil rile Secru'ed Debt is
<br />paid in fiill and this Security Instrument is released -
<br />10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Trustor --ill keep the Property in
<br />good condition and male all repairs that are reasonably necessary. Trustor shall not corn€rlit or allow any
<br />waste, impairment, or deterioration of the Property. Trustor will keep the. Property tree of noxious weeds
<br />and grasses. Trustor agrees that the natUse of the occupancy and use will not substantially change without
<br />Beneficiary's prior written consent. Trustor will not permit any change in any license, restrictive
<br />Covenant or easement without Beneficiary's prion- veritten consent. Trustor -will notify Ber€eiiciary orzill
<br />de€hands, proceedings, claims, and actions against Trustor, and of any loss or damage in the Property.
<br />Beneficiary or Beneficiary's agents may, flr Beneficiary's option, enter the Property at any reasonable
<br />lime for the purpose of inspecting the Property. Beneficiary -,ball Dive Trustor notice at the time of or
<br />before zu€ inspection speCifyintr a reasonable purpose for the inspection. Any inspection of the Property
<br />shall he entirely fbr Bencliciary's benefit and Trustor will in no way rely on Beneficiary's inspection-
<br />11- AUTHORITY TO PERFORM. If Tcustoi fails to perform any duty or any of the covenants contained
<br />ill this Security Instrument, Beneficiary may, without notice, petforrrl or Cause them to be perlbrtned.
<br />Trustor appoints Beneficiary as attorney in fact to sign Trustor's name or pay any amount necessary for
<br />performance. Beneficiary's right to perform for Trustor shall not create an obligation to perform, anti
<br />Beneficiary's failure to perform will not preclude Beneficiary from exercising any of Beneficiary's other
<br />rights tinder the law or this Security Instrument. If any construction on the Property is discontinued or
<br />not carried on in a reasonable manner, Beneficiary may take all steps necessary to protect Beneficiary's
<br />security interest in the Property, including completion of the construction.
<br />12. ASSIGNMENT OF LEASES AND RENTS. Trustor irrevocably assigns, grants and conveys, to
<br />Trustee, in trust for the benefit of Beneficiary as additional security all the right, title and interest in €he
<br />Colln-,ing (all reterred to as Property): existing or future ]cases, subleases, licenses, guarantics and any
<br />other written or verbal agreements fior the nse and occupancy of the Property, including any extensions,
<br />renewals, modifications or replacetnents (all referred to as Leases); and rents, issues and profits (all
<br />referred to as Rents). In the event any item listed as Leases or Rents is determined to be personal
<br />property, this Assignment will also be regarded as a security a,ereemcnt_ "Trustor will promptly provide
<br />Beneficiary with copies or the Leases and will certify these Leases are true and correct copics- The
<br />exi.sring leases will be provided on execution of the Assignment, and all future Leases and any outer
<br />information with respect to these Leases will be provided immediately atter they are exec)€red- Trustor
<br />may collect, receive, enjoy and use the Rents so long as Trustor is not in default -
<br />Upon deli€ult, 'Trustor will receive any Rents in trust for Beneficiary and will not commingle the Rents
<br />with any other fluids. Trustor agrees t.h;it this Scc i rity Instrument is immediately effective betvvt:.en
<br />Trustor and Beneficiary and effective as w third parties on the recording of this Assign€-nent. As long as
<br />this Assignment is in effect, Trustor- warrants and represents that no default exists under the Leases, and
<br />the parties subject to the Leases have not violated any applicable law on leases, licenses and landlords
<br />and fenrrnts.
<br />13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Trustor agrees to
<br />comply with the provisions of any lease if this Security Instrument is on a leasehold. If the Property
<br />includes a unit in a condominium or a planned unit development, Trustor will perform all of Trustor' s
<br />duties ]ruder the- covenants, hy-laws, or regulations of tiie condominium or planned unit development.
<br />14. DEFAULT. Trustor will be in default if any party obligated on the Secured Debt fails to make paynnent
<br />when due. Trustor will be in default if a breach occurs under the terms of this Security Instrument or any
<br />other document executed for the purpose of creating, sectoring or guarantying the Secured Debt. A good
<br />faith belief by Beneficiary that Beneficiary at any Lune is insecure with respect to any person or entity
<br />obligated on the Secured Debt or that the prospect 01'2111_v payment or the value of the Property is
<br />impaired shall also constitute an event of -default.
<br />15. REMEDIES ON DEFAULT. 1n some instances, federal and state law will require Beneficiary to
<br />provide Trustor with notice of the right to cure or other notices and may establish time schedules for
<br />foleclosrll-e actions. S€.rhject to these limitations, if any, Beneficiary may accelerate the Scoured Debt and
<br />foreclose this Security Instrument in a inanner provided by law if Trustor is in default.
<br />security Inslr�m enl -0onau mer-hfE
<br />VMP;a� 9ankers Systemsrn�
<br />Wolters lila er Fin an Gial Services © 1991, 2011
<br />5156H1
<br />RC -DT -NE 71112D 11
<br />VURC165(NE) t11D7)
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