|
201806531
<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 />15. 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. Grantor or Borrower fail to make a payment in full when due.
<br />B. Insolvency or Bankruptcy. The death, dissolution or insolvency of, appointment of a
<br />receiver by or on behalf of, application of any debtor relief law, the assignment for the
<br />benefit of creditors by or on behalf of, the voluntary or involuntary termination of existence
<br />by, or the commencement of any proceeding under any present or future federal or state
<br />insolvency, bankruptcy, reorganization, composition or debtor relief law by or against
<br />Grantor, Borrower, or any co-signer, endorser, surety or guarantor of this Security
<br />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
<br />covenant of this Security Instrument.
<br />E. Other Documents. A default occurs under the terms of any other document relating to
<br />the Secured Debts.
<br />F. Other Agreements. Grantor is in default on any other debt or agreement Grantor has with
<br />Lender.
<br />G. Misrepresentation. Grantor makes any verbal or written statement or provides any
<br />financial information that is untrue, inaccurate, or conceals a material fact at the time it is
<br />made or provided.
<br />H. Judgment. Grantor fails to satisfy or appeal any judgment against Grantor.
<br />I. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation
<br />by a legal authority.
<br />J. Name Change. Grantor changes Grantor's name or assumes an additional name without
<br />notifying Lender before making such a change.
<br />K. Property Transfer. Grantor transfers all or a substantial part of Grantor's money or
<br />property. This condition of default, as it relates to the transfer of the Property, is subject to
<br />the restrictions contained in the DUE ON SALE section.
<br />L. Property Value. Lender determines in good faith that the value of the Property has
<br />declined or is impaired.
<br />MICHAEL S. JONES
<br />Nebraska Deed Of Trust
<br />NE/4XHERMANN00000000001544021N Wolters Kluwer Financial Services ©1996, 2018 Bankers Page 4
<br />Systeme"'
<br />
|