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200000192 <br /> therein provided, to costs of managing, protecting and preserving the Property and to any other necessary <br /> related expenses including Lender's attorneys' fees and court costs. : <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 the notice of default, Grantor will endorse and deliver to Lender any payments of Rents. : <br /> Grantor warrants that no default exists under the Leases or any applicable landlord law. Grantor also agrees to <br /> maintain, and to require the tenants to comply with, the Leases and any applicable law. Grantor will promptly <br /> notify Lender of any noncompliance. If Grantor neglects or refuses to enforce compliance with the terms of the : <br /> Leases, then Lender or Trustee may opt to enforce compliance. Grantor will obtain Lender's written <br /> authorization before Grantor consents to sublet, modify, cancel, or otherwise alter the Leases, to accept the <br /> surrender of the Property covered by such Leases (unless the Leases so require►, or to assign, compromise or <br /> encumber the Leases or any future Rents. If Lender acts to manage, protect and preserve the Property, Lender : <br /> does not assume or become liable for its maintenance, depreciation, or other losses or damages, except those <br /> due to Lender's gross negligence or intentional torts. Otherwise, Grantor will hold Lender harmless and <br /> indemnify Lender for any and all liability, loss or damage that Lender may incur as a consequence of the <br /> assignment under this section. : <br /> 13. DEFAULT. Grantor will be in default if any of the following occur: : <br /> A. Payments. Grantor fails to make a payment in full when due. : <br /> B. Insolvency. Grantor makes an assignment for the benefit of creditors or becomes insolvent, either because <br /> Grantor's liabilities exceed Grantor's assets or Grantor is unable to pay Grantor's debts as they become due. <br /> C. Death or Incompetency. Grantor dies or is declared incompetent : <br /> D. Failure of Condition or Term. Grantor fails to pay, or perform any condition or to keep any promise or <br /> covenant on this or any debt or agreement Grantor has with Lender. : <br /> E. Misrepresentation. Grantor makes any verbal or written statement or provides any financial information : <br /> that is untrue, inaccurate, or conceals a material fact at the time it is made or provided. <br /> F. Judgment. Grantor fails to pay or discharge a judgment against Grantor #or the payment of money, unless : <br /> within ten days of its entry the judgment is either satisfied or a stay of enforcement is granted pending <br /> appeal. <br /> G. Forfeiture. The Property is used in a manner or for a purpose which threatens confiscation by a legal : <br /> authority. <br /> H. Name Change. Grantor changes Grantor's name or assumes an additional name without notifying Lender : <br /> before making such a change. : <br /> I. Property Transfer. Grantor transfers all or a substantial part of Grantor's money or property. : <br /> J. Other Instruments. A default occurs under the terms of any instrument evidencing or pertaining to the <br /> Secured Debts. <br /> K. Insecurity. Anything else happens that causes Lender to reasonably believe that Lender will have difficulty : <br /> collecting the amount owed under the terms of the Secured Debts or significantly impairs the value of the <br /> Property. <br /> 14. REMEDIES. Lender may use any and all remedies Lender has under state or federal law or in any instrument : <br /> evidencing or pertaining to the Secured Debts, including, without limitation, the power to sell the Property. Any <br /> amounts advanced on Grantor's behalf will be immediately due and may be added to the balance owing under : <br /> the Secured Debts. Lender may make a claim for any and all insurance benefits or refunds that may be available <br /> on Grantor's default. <br /> Subject to any right to cure, required time schedules or other notice rights Grantor may have under federal and <br /> state law, Lender may make all or any part of the amount owing by the terms of the Secured Debts immediately <br /> due and foreclose this Security Instrument in a manner provided by law upon the occurrence of a default or <br /> anytime thereafter. : <br /> All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law : <br /> or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial <br /> payment on the Secured Debts after the balance is due or is accelerated or after foreclosure proceedings are filed <br /> will not constitute a waiver of Lender's right to require complete cure of any existing default. By choosing any <br /> one or more of these remedies Lender does not give up Lender's right to use any other remedy. Lender does not <br /> waive a default if Lender chooses not to use a remedy. By electing not to use any remedy, Lender does not : <br /> waive Lender's right to later consider the event a default and to use any remedies if the default continues or <br /> happens again. <br /> 15. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitted by law, <br /> Grantor agrees to pay all expenses of collection, enforcement or protection of Lender's rights and remedies <br /> under this Security Instrument. Grantor agrees to pay expenses for Lender to inspect and preserve the Property <br /> and for any recordation costs of releasing the Property from this Security Instrument. Expenses include, but are <br /> not limited to, attorneys' fees, court costs and other legal expenses. These expenses are due and payable <br /> immediately. If not paid immediately, these expenses will bear interest from the date of payment until paid in full <br /> at the highest interest rate in effect as provided for in the terms of the Secured Debts. To the extent permitted <br /> by the United States Bankruptcy Code, Grantor agrees to pay the reasonable attorneys' fees Lender incurs to <br /> collect the Secured Debts as awarded by any court exercising jurisdiction under the Bankruptcy Code. <br /> 16. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law <br /> means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act <br /> (CERCLAI, all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions <br /> or interpretive letters conceming the public health, safety, welfare, environment or a hazardous substance; and <br /> (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant <br /> which has characteristics which render the substance dangerous or potentially dangerous to the public health, <br /> MARK A MILLER <br /> Nebraska Deed Of Trust Initials� <br /> NE/2NADM10563000000000000003600000037n7 �1996 Benkers Systems,Inc..St.Cloud,MN Page 3 <br /> r�91� ,�_ <br />