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<br /> 9. DUE ON SALE OR ENCUMBRANCE. Beneficiary may, at its option, declare the entire balance of the
<br /> Secured Debt to be immediately due and payable upon the creation of, transfer or sale of all or any part of the
<br /> Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. This
<br /> covenant shall run with the Property and shall remain in effect until the Secured Debt is paid in full and this
<br /> Security Instrument is released.
<br /> 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Trustor will keep the Property in good
<br /> condition and make all repairs that are reasonably necessary. Trustor shall not commit or allow any waste,
<br /> impairment, or deterioration of the Property. Trustor will keep the Property free of noxious weeds and
<br /> grasses. Trustor agrees that the nature 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 covenant or
<br /> easement without Beneficiary's prior written consent. Trustor will notify Beneficiary of all demands,
<br /> proceedings,claims,and actions against Trustor,and of any loss or damage to the Property.
<br /> Beneficiary or Beneficiary's agents may, at Beneficiary's option, enter the Property at any reasonable time for
<br /> the purpose of inspecting the Property. Beneficiary shall give Trustor notice at the time of or before an
<br /> inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely
<br /> for Beneficiary's benefit and Trustor will in no way rely on Beneficiary's inspection.
<br /> 11. AUTHORITY TO PERFORM. If Trustor fails to perform any duty or any of the covenants contained in
<br /> this Security Instrument, Beneficiary may, without notice, perform 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 performance.
<br /> 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 Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable
<br /> manner, Beneficiary may take all steps necessary to protect Beneficiary's security interest in the Property,
<br /> including completion of the construction.
<br /> 12. ASSIGNMENT OF LEASES AND RENTS. Trustor Irrevocably assigns, grants and conveys, to Trustee, in
<br /> trust for the benefit of Beneficiary as additional security all the right, title and interest in the following (all
<br /> referred to as Property): existing or future leases, subleases, licenses, guaranties and any other written or
<br /> verbal agreements for the use and occupancy of the Property, including any extensions, renewals,
<br /> modifications or replacements (all referred to as Leases); and rents, issues and profits (all referred to as
<br /> Rents). In the event any item listed as Leases or Rents is determined to be personal property, this Assignment
<br /> will also be regarded as a security agreement. Trustor will promptly provide Beneficiary with copies of the
<br /> Leases and will certify these Leases are true and correct copies. The existing Leases will be provided on
<br /> execution of the Assignment, and all future Leases and any other information with respect to these Leases will
<br /> be provided immediately after they are executed. Trustor may collect, receive, enjoy and use the Rents so
<br /> long as Trustor is not in default.
<br /> Upon default, Trustor will receive any Rents in trust for Beneficiary and will not commingle the Rents with
<br /> any other funds. Trustor agrees that this Security Instrument is immediately effective between Trustor and
<br /> Beneficiary and effective as to third parties on the recording of this Assignment. As long as this Assignment
<br /> is in effect, Trustor warrants and represents that no default exists under the Leases, and the parties subject to
<br /> the Leases have not violated any applicable law on leases,licenses and landlords and tenants.
<br /> 13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Trustor agrees to comply
<br /> with the provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in
<br /> a condominium or a planned unit development, Trustor will perform all of Trustor's duties under the
<br /> covenants,by-laws,or regulations of the condominium or planned unit development.
<br /> 14. DEFAULT. Trustor will be in default if any party obligated on the Secured Debt fails to make payment when
<br /> due. Trustor will be in default If a breach occurs under the terms of this Security Instrument or any other
<br /> document executed for the purpose of creating, securing or guarantying the Secured Debt. A good faith belief
<br /> by Beneficiary that Beneficiary at any time is insecure with respect to any person or entity obligated on the
<br /> Secured Debt or that the prospect of any payment or the value of the Property is impaired shall also constitute
<br /> an event of default.
<br /> 15. REMEDIES ON DEFAULT. In some instances, federal and state law will require Beneficiary to provide
<br /> Trustor with notice of the right to cure or other notices and may establish time schedules for foreclosure
<br /> actions. Subject to these limitations, if any, Beneficiary may accelerate the Secured Debt and foreclose this
<br /> Security Instrument in a manner provided by law if Trustor is in default.
<br /> At the option of Beneficiary, all or any part of the agreed fees and charges, accrued interest and principal
<br /> shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a
<br /> default or anytime thereafter. In addition, Beneficiary shall be entitled to all the remedies provided by law,
<br /> the terms of the Secured Debt, this Security Instrument and any related documents, including without
<br /> limitation,the power to sell the Property.
<br /> g�u��tn�aumsnt-Conswns,NE RE-DT-NE 2!112013
<br /> VMPA Bankers Sy�umITN VMP.C188tNE1 113021.00
<br /> Wolters Kluwer Amide!Services©1894.2011 hue 3 018
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