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201707355
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10/27/2017 3:59:21 PM
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10/27/2017 3:59:21 PM
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DEEDS
Inst Number
201707355
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amount necessary for performance. Lender's right to perform for Grantor will not create an <br />obligation to perform, and Lender's failure to perform will not preclude Lender from exercising <br />any of Lender's other rights under the law or this Security Instrument. If any construction on <br />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 <br />construction. <br />15. ASSIGNMENT OF LEASES AND RENTS. Grantor irrevocably assigns, grants, conveys to <br />Lender as additional security all the right, title and interest in the following (Property): existing <br />or future leases, subleases, licenses, guaranties and any other written or verbal agreements for <br />the use and occupancy of the Property, including any extensions, renewals, modifications or <br />replacements (Leases); and rents, issues and profits (Rents). In the event any item listed as <br />Leases or Rents is determined to be personal property, this Assignment will also be regarded as <br />a security agreement. Grantor will promptly provide Lender with copies of the Leases and will <br />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 <br />these Leases will be provided immediately after they are executed. Grantor may collect, <br />receive, enjoy and use the Rents so long as Grantor is not in default. Upon default, Grantor will <br />receive any Rents in trust for Lender and Grantor will not commingle the Rents with any other <br />funds. Grantor agrees that this Security Instrument is immediately effective between Grantor <br />and Lender and effective as to third parties on the recording of this Assignment. As long as <br />this Assignment is in effect, Grantor warrants and represents that no default exists under the <br />Leases, and the parties subject to the Leases have not violated any applicable law on leases, <br />licenses and landlords and tenants. <br />16. DEED OF TRUST COVENANTS. Grantor agrees that the covenants in this Security <br />Instrument are material obligations under the Secured Debts and this Security Instrument. If <br />Grantor breaches any covenant in this Security Instrument, Lender may refuse to make <br />additional extensions of credit or may reduce the credit limit. By not exercising either remedy <br />on Grantor's breach, Lender does not waive Lender's right to later consider the event a breach <br />if it happens again. <br />17. DEFAULT. Grantor will be in default if any of the following events (known separately and <br />collectively as an Event of Default) occur: <br />A. Payments. Any party obligated on the Secured Debts fails to make a payment when due. <br />B. Property. Any action or inaction occurs that adversely affects the Property or Lender's <br />rights in the Property. <br />18. REMEDIES ON DEFAULT. In addition to any other remedy available under the terms of this <br />Security Instrument, Lender may accelerate the Secured Debts and foreclose this Security <br />Instrument in a manner provided by law if Grantor is in default. In some instances, federal and <br />state law will require Lender to provide Grantor with notice of the right to cure, or other notices <br />and may establish time schedules for foreclosure actions. <br />At the option of Lender, all or any part of the agreed fees and charges, accrued interest and <br />principal will become immediately due and payable, after giving notice if required by law, upon <br />the occurrence of an Event of Default or anytime thereafter. Lender will be entitled to, without <br />limitation, the power to sell the Property. <br />If there is an occurrence of an Event of Default, Trustee will, at the request of Lender, advertise <br />and sell the Property as a whole or in separate parcels at public auction to the highest bidder for <br />cash. Trustee will give notice of sale including the time, terms and place of sale and a <br />COLLEEN A OPFER LAWRENCE <br />Nebraska peed Of Trust <br />K S /4mitchbe@0000000000147 5046N <br />2017072,55 <br />Initials <br />Wolters Kluwer Financial Services ©1996, 2017 Bankers Page 5 <br />Systems" <br />
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