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201607320 <br />Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time and frequency for the putpose of <br />inspecting, valuating, or appraising the Property. Lender will give Grantor notice at the time of or before an on -site inspection, <br />valuation, or appraisal for on -going due diligence or otherwise specifying a reasonable purpose. Any inspection, valuation or <br />appraisal of the Property will be entirely for Lender's benefit and Grantor will in no way rely on Lender's inspection, valuation or <br />appraisal for its own purpose, except as otherwise provided by law. <br />12. AUTHORITY TO PERFORM. If Grantor fails to perform any duty or any of the covenants contained in this Security Instrument, <br />Lender may, without notice, perform or cause them to be performed. Grantor appoints Lender as attorney in fact to sign Grantor's <br />name or pay any amount necessary for performance. Lender's right to perform for Grantor will not create an obligation to <br />perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this <br />Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may <br />take all steps necessary to protect Lender's security interest in the Property, including completion of the construction. <br />13. ASSIGNMENT OF LEASES AND RENTS. Grantor irrevocably assigns, grants, conveys to Lender as additional security all the <br />right, title and interest in the following (Property). <br />A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the use and <br />occupancy of the Property, including but not limited to any extensions, renewals, modifications or replacements (Leases). <br />B. Rents, issues and profits, including but not limited to security deposits, minimum rents, percentage rents, additional rents, <br />common area maintenance charges, parking charges, real estate taxes, other applicable taxes, insurance premium <br />contributions, liquidated damages following default, cancellation premiums, "loss of rents" insurance, guest receipts, revenues, <br />royalties, proceeds, bonuses, accounts, contract rights, general intangibles, and all rights and claims which Grantor may have <br />that in any way pertain to or are on account of the use or occupancy of the whole or any part of the Property (Rents). <br />In the event any item listed as Leases or Rents is determined to be personal property, this Assignment will also be regarded as a <br />security agreement. Grantor will promptly provide Lender with copies of the Leases and will certify these Leases are true and <br />correct copies. The existing Leases will be provided on execution of the Assignment, and all future Leases and any other <br />information with respect to these Leases will be provided immediately after they are executed. Grantor may collect, receive, <br />enjoy and use the Rents so long as Grantor is not in default. Grantor will not collect in advance any Rents due in future lease <br />periods, unless Grantor first obtains Lender's written consent. Upon default, Grantor will receive any Rents in trust for Lender <br />and Grantor will not commingle the Rents with any other funds. When Lender so directs, Grantor will endorse and deliver any <br />payments of Rents from the Property to Lender. Amounts collected will be applied at Lender's discretion to the Secured Debts, <br />the costs of managing, protecting, valuating, appraising and preserving the Property, and other necessary expenses. Grantor <br />agrees that this Security Instrument is immediately effective between Grantor and Lender and effective as to third parties on the <br />recording of this Assignment. As long as this Assignment is in effect, Grantor warrants and represents that no default exists <br />under the Leases, and the parties subject to the Leases have not violated any applicable law on leases, licenses and landlords and <br />tenants. Grantor, at its sole cost and expense, will keep, observe and perform, and require all other parties to the Leases to <br />comply with the Leases and any applicable law. If Grantor or any party to the Lease defaults or fails to observe any applicable <br />law, Grantor will promptly notify Lender. If Grantor neglects or refuses to enforce compliance with the terms of the Leases, then <br />Lender may, at Lender's option, enforce compliance. Grantor will not sublet, modify, extend, cancel, or otherwise alter the <br />Leases, or accept the surrender of the Property covered by the Leases (unless the Leases so require) without Lender's consent. <br />Grantor will not assign, compromise, subordinate or encumber the Leases and Rents without Lender's prior written consent. <br />Lender does not assume or become liable for the Property's maintenance, depreciation, or other losses or damages when Lender <br />acts to manage, protect or preserve the Property, except for losses and damages due to Lender's gross negligence or intentional <br />torts. Otherwise, Grantor will indemnify Lender and hold Lender harmless for all liability, loss or damage that Lender may incur <br />when Lender opts to exercise any of its remedies against any party obligated under the Leases. <br />14. DEFAULT. Grantor will be in default if any of the following events (known separately and collectively as an Event of Default) <br />occur: <br />A. Payments. Grantor fails to make a payment in full when due. <br />B. Insolvency or Bankruptcy. The death, dissolution or insolvency of, appointment of a receiver by or on behalf of, application <br />of any debtor relief law, the assignment for the benefit of creditors by or on behalf of, the voluntary or involuntary termination <br />of existence by, or the commencement of any proceeding under any present or future federal or state insolvency, bankruptcy, <br />reorganization, composition or debtor relief law by or against Grantor, Borrower, or any co- signer, endorser, surety or <br />guarantor of this Security Instrument or any other obligations Borrower has with Lender. <br />C. Death or Incompetency. Grantor dies or is declared legally incompetent. <br />D. Failure to Perform. Grantor fails to perform any condition or to keep any promise or covenant of this Security Instrument. <br />E. Other Documents. A default occurs under the terms of any other document relating to the Secured Debts. <br />F. Other Agreements. Grantor is in default on any other debt or agreement Grantor has with Lender. <br />G. Misrepresentation. Grantor makes any verbal or written statement or provides any financial information that is untrue, <br />inaccurate, or conceals a material fact at the time it is made or provided. <br />H. Judgment. Grantor fails to satisfy or appeal any judgment against Grantor. <br />1. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a legal authority. <br />J. Name Change. Grantor changes Grantor's name or assumes an additional name without notifying Lender before making <br />such a change. <br />K. Property Transfer. Grantor transfers all or a substantial part of Grantor's money or property. This condition of default, as it <br />relates to the transfer of the Property, is subject to the restrictions contained in the DUE ON SALE section. <br />WILLIAM R CAREY <br />Nebraska Deed Of Trust <br />NE /4XXSPIEHS00000000009966020N <br />Wolters Kluwer Financial Services .1996, 2016 Bankers Page 3 <br />Systems'° <br />