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1 ' � <br />�0120875� <br />creation of, any lien, encumbrance, transfer or sale of all or any part of the Property. This right <br />is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. <br />9. WARRANTIES AND REPRESENTATIONS. Grantor has the right and authority to enter into <br />this Security Instrument. The execution and delivery of this Security Instrument will not violate <br />any agreement governing Grantor or to which Grantor is a party. <br />10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Grantor will keep the Property <br />in good condition and make all repairs that are reasonably necessary. Grantor will not commit or <br />allow any waste, impairment, or deterioration of the Property. Grantor will keep the Property <br />free of noxious weeds and grasses. Grantor agrees that the nature of the occupancy and use <br />will not substantially change without Lender's prior written consent. Grantor will not permit any <br />change in any license, restrictive covenant,or easement without Lender's prior written consent. <br />Grantor will notify Lender of all �demands, proceedings, claims, and actions against Grantor, and <br />of any loss or damage to the Property. <br />No portion of the Property will be removed, demolished or materially altered without Lender's <br />prior written consent except that Grantor has the right to remove items of personal property <br />comprising a part of the Property that become worn or obsolete, provided that such personal <br />property is replaced with other personal property at least equal in value to the replaced personal <br />property, free from any title retention device, security agreement or other encumbrance. Such <br />replacement of personal property will be deemed subject to the security interest created by this <br />Security Instrument. Grantor will not partition or subdivide the Property without Lender's prior <br />written consent. <br />Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for <br />the purpose of inspecting the Property. Lender will give Grantor notice at the time of or before <br />an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property <br />will be entirely for Lender's benefit and Grantor will in no way rely on Lender's inspection. <br />11. AUTHORITY TO PERFORM. If Grantor fails to perform any duty or any of the covenants <br />contained in this Security Instrument, Lender may, without notice, perform or cause them to be <br />performed. Grantor appoints Lender as attor'ney in fact to sign Grantor's name or pay any <br />amount necessary for performance. Lender's right to perform for Grantor will not create an <br />obligation to perform, and Lender's failure to perform will not preclude Lender from exercising <br />any of Lender's other rights under the law or this Security Instrument. If any construction on <br />the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps <br />necessary to protect Lender's security interest in the Property, including completion of the <br />construction. <br />12. ASSIGNMENT OF LEASES AND RENTS. Grantor irrevocably assigns, grants, conveys to <br />Lender 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 rents, 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 Grantor 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 (Rentsl. <br />In the event any item listed as Leases or Rents is determined to be personal property, this <br />Assignment will also be regarded as a security agreement. Grantor will promptly provide Lender <br />with copies of the Leases and will certify these Leases are true and correct copies. The existing <br />Leases will be provided on execution of the Assignment, and all future Leases and any other <br />information with respect to these Leases will be provided immediately after they are executed. <br />Grantor may collect, receive, enjoy and use the Rents so long as Grantor is not in default. <br />Grantor will not collect in advance any Rents due in future lease periods, unless Grantor first <br />obtains Lender's written consent. Upon default, Grantor will receive any .Rents in trust for <br />Lender and GFantar will not commingle the Rents with any other funds. When Lender so <br />directs, Grantor will endorse and deliver any payments of Rents from the Property to Lender. <br />Amounts collected will be applied at Lender's discretion to the Secured Debts, the costs of <br />managing, protecting and preserving the Property, and other necessary expenses. Grantor <br />agrees that this Security Instrument is immediately effective between Grantor and Lender and <br />effective as to third parties on the recording of this Assignment. As long as this Assignment is <br />in effect, Grantor warrants and represents that no default exists under the Leases, and the <br />parties subject to the Leases have not violated any applicable law on leases, licenses and <br />landlords and tenants. Grantor, at its sole cost and expense, will keep, observe and perform, <br />and require all other parties to the Leases to comply with the Leases and any applicable law. If � <br />Grantor or any party to the Lease defaults or fails to observe any applicable law, Grantor will <br />LINES OF COMMUNICATIONS, INC. <br />Nebraska Deed Of Trust Irntials <br />NEl4XXcgross00247600008020048101212Y Wolters Kluwer Financial Services °1996, 2012 Bankers Page 3� <br />. SystemsTM <br />