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202000399 <br />24. Security Agreement. To further secure the Loan, Borrower hereby grants to Lender a <br />security interest in and to the Property insofar as the Property consists of equipment, general intangibles, <br />accounts, contract rights, inventory, fixtures and any and all other personal property of any kind or character <br />defined in and subject to the provisions of the Uniform Commercial Code, including the proceeds and products <br />from any and all of such personal property. Upon the happening of any default by Borrower under the Note <br />or this Security Instrument, Lender is and shall be entitled to all of the rights, powers and remedies afforded <br />a secured party by the Uniform Commercial Code with references to the personal property and fixtures in <br />which Lender has been granted a security interest herein, or the Trustee or Lender may proceed as to both <br />the real and personal property covered hereby in accordance with the rights and remedies granted under this <br />Security Instrument in respect of the real property covered hereby. Such rights, powers and remedies shall <br />be cumulative and in addition to those granted Trustee or Lender under any other provision of this Security <br />Instrument or under any other instrument executed in connection with or as security for the Loan. <br />25. Security for Additional Indebtedness. This Security Instrument also secures and enforces <br />all other indebtedness or obligations now existing or subsequently created from the Borrower to the Lender, <br />regardless of the manner by which the indebtedness is evidenced or created, whether by notes, advances, <br />contracts, agreements, bookkeeping entries or otherwise. Default in the payment or performance of any of <br />the other indebtedness or obligations shall constitute a breach under this Security Instrument to the same <br />extent and with the same force and effect as a default in the payment of the Note or the performance of <br />Borrower's other obligations herein. <br />26. Further Assurances. Borrower will execute and deliver such further instruments and do <br />such further acts as may be necessary or desirable or as may be reasonably requested by the Lender to carry <br />out more effectively the purposes of this Security Instrument and to subject to the lien created hereby any <br />properties, rights and interests covered or intended to be covered hereby. <br />27. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents <br />and revenues of the Property. Borrower authorizes Lender or Lender 's agents to collect the rents and <br />revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender 's agents. <br />However, prior to Lender 's notice to Borrower of Borrower 's breach of any covenant or agreement in the <br />Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for <br />the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an <br />assignment for additional security only. <br />If Lender gives notice of breach to Borrower: (a)all rents received by Borrower shall be held by <br />Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; <br />(b)Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the <br />Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender 's written demand to the <br />tenant. <br />Borrower has not executed any prior assignment of the rents and has not and will not perform any <br />act that would prevent Lender from exercising its rights under this paragraph. Lender shall not be required <br />to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. <br />However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application <br />of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment <br />of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. <br />28. Nature of Security Instrument. This Security Instrument may be construed as a mortgage, <br />deed of trust, chattel mortgage, conveyance, assignment, security agreement, pledge, financing statement, <br />hypothecation or contract, or any one or more of them, in order to fully effectuate the lien hereof and the <br />purposes and agreements herein set forth. <br />Deed of Trust and Security Agreement (NE) Page 12 <br />