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201 806074
<br />property is replaced with other personal property at least equal in value to the replaced personal
<br />property, free from any title retention device, security agreement or other encumbrance. Such
<br />replacement of personal property will be deemed subject to the security interest created by this
<br />Security Instrument. Grantor will not partition or subdivide the Property without Lender's prior
<br />written consent.
<br />Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time
<br />and frequency for the purpose of inspecting, valuating, or appraising the Property. Lender will
<br />give Grantor notice at the time of or before an on -site inspection, valuation, or appraisal for
<br />on -going due diligence or otherwise specifying a reasonable purpose. Any inspection, valuation
<br />or appraisal of the Property will be entirely for Lender's benefit and Grantor will in no way rely
<br />on Lender's inspection, valuation or appraisal for its own purpose, except as otherwise provided
<br />by law.
<br />15. AUTHORITY TO PERFORM. If Grantor fails to perform any duty or any of the covenants
<br />contained in this Security Instrument, Lender may, without notice, perform or cause them to be
<br />performed. Grantor appoints Lender as attorney in fact to sign Grantor's name or pay any
<br />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 />16. 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).
<br />A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal
<br />agreements for the use and occupancy of the Property, including but not limited to any
<br />extensions, renewals, modifications or replacements (Leases).
<br />B. Rents, issues and profits, including but not limited to security deposits, minimum rents,
<br />percentage rents, additional rents, common area maintenance charges, parking charges, real
<br />estate taxes, other applicable taxes, insurance premium contributions, liquidated damages
<br />following default, cancellation premiums, "loss of rents" insurance, guest receipts, revenues,
<br />royalties, proceeds, bonuses, accounts, contract rights, general intangibles, and all rights
<br />and claims which Grantor may have that in any way pertain to or are on account of the use
<br />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
<br />Assignment will also be regarded as a security agreement. Grantor will promptly provide Lender
<br />with copies of the Leases and will certify these Leases are true and correct copies. The
<br />existing Leases will be provided on execution of the Assignment, and all future Leases and any
<br />other information with respect to these Leases will be provided immediately after they are
<br />executed. Grantor may collect, receive, enjoy and use the Rents so long as Grantor is not in
<br />default. Grantor will not collect in advance any Rents due in future lease periods, unless
<br />Grantor first obtains Lender's written consent. Upon default, Grantor will receive any Rents in
<br />trust for Lender and Grantor will not commingle the Rents with any other funds. When Lender
<br />so directs, Grantor will endorse and deliver any payments of Rents from the Property to Lender.
<br />Amounts collected will be applied at Lender's discretion to the Secured Debts, the costs of
<br />managing, protecting, valuating, appraising and preserving the Property, and other necessary
<br />expenses. Grantor agrees that this Security Instrument is immediately effective between
<br />Grantor and Lender and effective as to third parties on the recording of this Assignment. As
<br />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
<br />leases, licenses and landlords and tenants. Grantor, at its sole cost and expense, will keep,
<br />observe and perform, and require all other parties to the Leases to comply with the Leases and
<br />any applicable law. If Grantor or any party to the Lease defaults or fails to observe any
<br />applicable law, Grantor will promptly notify Lender. If Grantor neglects or refuses to enforce
<br />compliance with the terms of the Leases, then Lender may, at Lender's option, enforce
<br />compliance. Grantor will not sublet, modify, extend, cancel, or otherwise alter the Leases, or
<br />accept the surrender of the Property covered by the Leases (unless the Leases so require)
<br />without Lender's consent. Grantor will not assign, compromise, subordinate or encumber the
<br />Leases and Rents without Lender's prior written consent. Lender does not assume or become
<br />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
<br />Lender's gross negligence or intentional torts. Otherwise, Grantor will indemnify Lender and
<br />hold Lender harmless for all liability, loss or damage that Lender may incur when Lender opts to
<br />exercise any of its remedies against any party obligated under the Leases.
<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 />MICHAEL R WAGONER
<br />Nebraska Deed Of Trust
<br />NE/ 4CHAPPOLD0000000000 1 7 370940906 1 8N Wolters Kluwer Financial Services ©1996, 2018 Bankers Page 4
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