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<br /> 2p1404111 .- , :
<br /> 12. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Trustor will keep the Property in good condition
<br /> and make all repairs that are reasonably necessary. Trustor will give Beneficiary prompt notice of any loss
<br /> or damage to the Property. Trustor will keep the Property free of noxious weeds and grasses. Trustor will
<br /> not initiate, join in or consent to any change in any private restrictive covenant, zoning ordinance or other
<br /> public or private restriction limiting or defining the uses which may be made of the Property or any part of
<br /> the Property, without Beneficiary's prior written consent. Trustor will notify Beneficiary of all demands,
<br /> proceedings, claims, and actions against Trustor or any other owner made under law or regulation regarding
<br /> use, ownership and occupancy of the Property. Trustor will comply with all legal requirements and
<br /> restrictions, whether public or private, with respect to the use of the Property. Trustor also agrees that the
<br /> nature of the occupancy and use will not change without Beneficiary's prior written consent.
<br /> No portion of the Property will be removed, demolished or materially altered without Beneficiary's prior
<br /> I written consent except that Trustor has the right to remove items of personal property comprising a part of
<br /> the Property that become worn or obsolete, provided that such personal property is replaced with other
<br /> personal property at least equal in vafue to the replaced personal property, free from any title retention
<br /> device, security agreement or other encumbrance. Such replacement of personal property will be deemed
<br /> subject to the security interest created by this Deed of Trust. Trustor shall not partition or subdivide the
<br /> Property without Beneficiary's prior written consent. Beneficiary or Beneficiary's agents may, at
<br /> Beneficiary's option, enter the Property at any reasonable time for the purpose of inspecting the Property.
<br /> Any inspection of the Property shall be entirely for Beneficiary's benefit and Trustor will in no way rely on
<br /> Beneficiary's inspection.
<br />� 13. AUTHORITY TO PERFORM. If Trustor fails to perform any of Trustor's duties under this Deed of Trust, or
<br /> any other mortgage, deed of trust, security agreement or other lien document that has priority over this
<br /> Deed of Trust, Beneficiary may, without notice, perform the duties or cause them to be performed. Trustor
<br /> 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 manner,
<br /> Beneficiary may do whatever is necessary to protect Beneficiary's security interest in the Property, This
<br /> may include completing the construction.
<br /> i Beneficiary's right to perform for Trustor shall not create an obligation to perform, and Beneficiary's failure
<br />, to perform will not preclude Beneficiary from exercising any of Beneficiary's other rights under the law or
<br /> this Deed of Trust. Any amounts paid by Beneficiary for insuring, preserving or otherwise protecting the
<br /> Property and Beneficiary's security interest wiff be due on demand and wifl bear interest from the date of
<br /> the payment until paid in full at the interest rate in effect from time to time according to the terms of the
<br /> Evidence of Debt.
<br /> 14. ASSIGNMENT OF LEASES AND RENTS. Trustor irrevocably assigns, grants and conveys to Beneficiary as
<br /> additional security all the right, title and interest in the following (Propertyl.
<br /> A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements
<br /> for the use and occupancy of the Property, including but not limited to, any extensions, renewals,
<br /> modifications or replacements (Leases►.
<br /> B. Rents, issues and profits, including but not limited to, security deposits, minimum rents, percentage
<br /> rents, additional rents, common area maintenance charges, parking charges, real estate taxes, other
<br /> applicable taxes, insurance premium contributions, liquidated damages following default, cancellation
<br /> premiums, "loss of rents" insurance, guest receipts, revenues, royalties, proceeds, bonuses,
<br /> accounts, contract rights, general intangibles, and all rights and claims which Trustor may have that
<br /> in any way pertain to or are on account of the use or occupancy of the whole or any part of the
<br /> Property IRentsl.
<br /> I In the event any item listed as Leases or Rents is determined to be personal property, this Assignment will
<br /> also be regarded as a security agreement.
<br /> Trustor will promptly provide Beneficiary with copies of the Leases and will certify these Leases are true
<br /> I and correct copies. The existing Leases will be provided on execution of the Assignment, and all future
<br /> Leases and any other information with respect to these Leases will be provided immediately after they are
<br /> executed. Trustor may collect, receive, enjoy and use the Rents so long as Trustor is not in default. Trustor
<br /> will not collect in advance any Rents due in future lease periods, unless Trustor first obtains Lender's
<br /> written consent. Upon default, Trustor will receive any Rents in trust for Beneficiary and Trustor will not
<br /> commingle the Rents with any other funds. When Beneficiary so directs, Trustor will endorse and deliver
<br /> any payments of Rents from the Property to Beneficiary. Amounts collected will be applied at Beneficiary's
<br /> Securitylnstrument-Commercial/Agricultural-NE AGCO-RESI-NE 7/7/2011
<br /> VMP�Bankers Systems7M VMP-0595(NE) (1107�.00
<br />. Wolters Kluwer Financial Services OO 1993,2011 Page 4 of 10
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