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201210642
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<br />However, Lender may not demand payment in the above situations if it is prohibited by law as
<br />of the date of this Security Instrument.
<br />10. WARRANTIES AND REPRESENTATIONS. Grantor makes to Lender the following
<br />warranties and representations which will continue as long as this Security Instrument is in
<br />effect:
<br />A. Power. Grantor is duly organized, and validly existing and in good standing in all
<br />jurisdictions in which Grantor operates. Grantor has the power and authority to enter into
<br />this transaction and to carry on Grantor's business or activity as it is now being conducted
<br />and, as applicable, is qualified to do so in each jurisdiction in which Grantor operates.
<br />B. Authority. The execution, delivery and performance of this Security Instrument and the
<br />obligation evidenced by this Security Instrument are within Grantor's powers, have been
<br />duly authorized, have received all necessary governmental approval, will not violate any
<br />provision of law, or order of court or governmental agency, and will not violate any
<br />agreement to which Grantor is a party or to which Grantor is or any of Grantor's property is
<br />subject.
<br />C. Name and Place of Business. Other than previously disclosed in writing to Lender,
<br />Grantor has not changed Grantor's name or principal place of business within the last 10
<br />years and has not used any other trade or fictitious name. Without Lender's prior written
<br />consent, Grantor does not and will not use any other name and will preserve Grantor's
<br />existing name, trade names and franchises.
<br />11. 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
<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 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
<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 />12. 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 />13. 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 />YOGI MOTEL, INC.
<br />Nebraska Deed Of Trust
<br />NE/ 4XXXDBOND00000000000648064112012N Wolters Kluwer Financial Services 6 1996, 2012 Bankers Page 3
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