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201210641 <br />or 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 <br />any change in any license, restrictive covenant or easement without Lender's prior written <br />consent. Grantor will notify Lender of all demands, proceedings, claims, and actions against <br />Grantor, and 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 (east 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 <br />for the purpose of inspecting the Property. Lender will give Grantor notice at the time of or <br />before an inspection specifying a reasonable purpose for the inspection. Any inspection of the <br />Property will be entirely for Lender's benefit and Grantor will in no way rely on Lender's <br />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 attorney 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 <br />and claims which Grantor may have that in any way pertain to or are on account of the use <br />or occupancy of the whole or any part of the Property (Rents). <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 <br />existing Leases will be provided on execution of the Assignment, and all future Leases and any <br />other information with respect to these Leases will be provided immediately after they are <br />executed. Grantor may collect, receive, enjoy and use the Rents so long as Grantor is not in <br />default. Grantor will not collect in advance any Rents due in future lease periods, unless <br />Grantor first obtains Lender's written consent. Upon default, Grantor will receive any Rents in <br />trust for Lender and Grantor will not commingle the Rents with any other funds. When Lender <br />so 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 />promptly notify Lender. If Grantor neglects or refuses to enforce compliance with the terms of <br />the Leases, then Lender may, at Lender's option, enforce compliance. Grantor will not sublet, <br />modify, extend, cancel, or otherwise alter the Leases, or accept the surrender of the Property <br />covered by the Leases (unless the Leases so require) without Lender's consent. Grantor will <br />not assign, compromise, subordinate or encumber the Leases and Rents without Lender's prior <br />written consent. Lender does not assume or become liable for the Property's maintenance, <br />YOGI MOTEL, INC. <br />Nebraska Deed Of Trust <br />NE/ 4XXXDBOND00000000000648064112012N Wolters Kluwer Financial Services ©1996, 2012 Bankers Page 3 <br />SystemsTM <br />