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20000001� �" . <br /> C. Sums Advanced. All sums advanced and expenses incurred by:Lender under the terms of this Security <br /> Instrument. <br /> 4. PAYMENTS. Grantor agrees that all payments under the Secured Debts will be paid when due and in <br /> accordance with the terms of the Secured Debts and this Security Instrument. <br /> 5. WARRANTY OF TITLE. Grantor warrants that Grantor is or will be lawfully seized of the estate conveyed by <br /> this Security Instrument and has the right to irrevocably grant, convey and sell the Property to Trustee, in trust, <br /> with power of sale. Grantor also warrants that the Property is unencumbered, except for encumbrances of <br /> record. <br /> 6. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other <br /> lien document that created a prior security interest or encumbrance on�he �QQ��ty#,�r�tor agrees: <br /> A. To make all payments when due and to perform or comply with a I covenants. <br /> B. To promptly deliver to Lender any notices that Grantor receives from the holder. <br /> C. Not to allow any modification or extension of, nor to request any future advances under any note or <br /> agreement secured by the lien document without Lender's prior written consent. <br /> 7. CLAIMS AGAINST TITLE. Grantor will pay all taxes, assessments, liens, encumbrances, lease payments, <br /> ground rents, utilities, and other charges relating to the Property when due. Lender may require Grantor to <br /> provide to Lender copies of all notices that such amounts are due and the receipts evidencing Grantor's <br /> payment. Grantor will defend title to the Property against any claims that would impair the lien of this Security <br /> Instrument. Grantor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Grantor <br /> may have against parties who supply labor or materials to maintain or improve the Property. <br /> 8. DUE ON SALE. Lender may, at its option, declare the entire balance of the Secured Debts to be immediately <br /> due and payable upon the creation of, or contract for the creation of, a transfer or sale of the Property. This <br /> right is subject to the restrictions imposed by federal law governing the preemption of state due-on-sale laws, as <br /> applicable. <br /> 9. WARRANTIES AND REPRESENTATIONS. Grantor has the right and authority to enter into this Security <br /> Instrument. The execution and delivery of this Security Instrument will not violate any agreement governing <br /> Grantor or to which Grantor is a party. <br /> 10. PROPERTY CONDITION,ALTERATIONS AND INSPECTION. Grantor will keep the Property in good condition <br /> and make all repairs that are reasonably necessary. Grantor will not commit or allow any waste, impairment, or <br /> deterioration of the Property. Grantor will keep the Property free of noxious weeds and grasses. Grantor agrees <br /> that the nature of the occupancy and use will not substantially change without Lender's prior written consent. <br /> Grantor will not permit any change in any license, restrictive covenant or easement without Lender's prior <br /> written consent. Grantor will notify Lender of all demands, proceedings, claims, and actions against Grantor, <br /> and of any loss or damage to the Property. <br /> Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of <br /> inspecting the Property. Lender will give Grantor notice at the time of or before an inspection specifying a <br /> reasonable purpose for the inspection. Any inspection of the Property will be entirely for Lender's benefit and <br /> Grantor will in no way rely on Lender's inspection. <br /> ____------ - -- -_ _ <br /> 11. AUTHORITY TO PERFORM. If Grantor fails to perform any duty or any of the covenants contained in this <br /> Security Instrument, Lender may, without notice, perform or cause them to be performed. Grantor appoints <br /> Lender as attorney in fact to sign Grantor's name or pay any amount necessary for performance. Lender's right <br /> to perform for Grantor will not create an obligation to perform, and Lender's failure to perform will not preclude <br /> Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any <br /> construction on 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 construction. <br /> 12. ASSIGNMENT OF LEASES AND RENTS. Grantor irrevocably grants, bargains and conveys to Trustee, in <br /> trust for the benefit of the Lender, as additional security all the right, title and interest in and to any and all: <br /> A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for <br /> the use and occupancy of any portion of the Property, including any extensions, renewals, modifications or <br /> substitutions of such agreements (all referred to as Leases►. <br /> B. Rents, issues and profits (all referred to as Rentsl, including but not limited to security deposits, minimum <br /> rent, percentage rent, additional rent, common area maintenance charges, parking charges, real estate taxes, <br /> other applicable taxes, insurance premium contributions, liquidated damages following default, cancellation <br /> premiums, "loss of rents" insurance, guest receipts, revenues, royalties, proceeds, bonuses, accounts, <br /> contract rights, general intangibles, and all rights and claims which Grantor may have that in any way pertain <br /> to or are on account of the use or occupancy of the whole or any part of the Property. <br /> Grantor will promptly provide Lender with true and correct copies of all existing and future Leases. Grantor may <br /> collect, receive, enjoy and use the Rents so long as Grantor is not in default under the terms of this Security <br /> Instrument. <br /> Grantor agrees that this assignment is immediately effective between the parties to this Security Instrument and <br /> effective as to third parties on the recording of this Security Instrument. This assignment will remain effective <br /> until the Secured Debts are satisfied. Grantor agrees that Lender is entitled to notify Grantor or Grantor's <br /> tenants to make payments of Rents due or to become due directly to Lender after such recording, however, <br /> Lender agrees not to notify Grantor's tenants until Grantor defaults and Lender notifies Grantor of the default <br /> and demands that Grantor and Grantor's tenants pay all Rents due or to become due directly to Lender. On <br /> receiving notice of default, Grantor will endorse and deliver to Lender any payment of Rents in Grantor's <br /> possession and will receive any Rents in trust for Lender and will not commingle the Rents with any other funds. <br /> Any amounts collected will be applied as provided in this Security Instrument. Grantor warrants that no default <br /> exists under the Leases or any applicable landlord/tenant law. Grantor also agrees to maintain and require any <br /> tenant to comply with the terms of the Leases and applicable law. <br /> 13. DEFAULT. Grantor will be in default if any of the following occur: <br /> A. Payments. Any party obligated on the Secured Debts fails to make payment when due. <br /> B. Insecurity. Anything else happens that causes Lender to reasonably believe that the prospect of payment, <br /> performance or the value of the Property is significantly impaired. <br /> N.STANLEY NELSON <br /> Nebraska Deed Of Trust Initials <br /> NE/2rotza05AD000000000000003700000038n5 m1996 Bankers Systems,Inc.,St.Cloud,MN pe�e 2 �, <br /> � <br />