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202009440 <br />11. WARRANTIES AND REPRESENTATIONS. Grantor has the right and authority to enter into <br />this Security Instrument. The execution and delivery of this Security Instrument will not violate <br />any agreement governing Grantor or to which Grantor is a party. <br />12. PROPERTY CONDITION, ALTERATIONS, INSPECTION, VALUATION AND APPRAISAL. <br />Grantor will keep the Property in good condition and make all repairs that are reasonably <br />necessary. Grantor will not commit or allow any waste, impairment, or deterioration of the <br />Property. Grantor will keep the Property free of noxious weeds and grasses. Grantor agrees <br />that the nature of the occupancy and use will not substantially change without Lender's prior <br />written consent. Grantor will not permit any change in any license, restrictive covenant or <br />easement without Lender's prior written consent. Grantor will notify Lender of all demands, <br />proceedings, claims, and actions against Grantor, and of any loss or damage to the Property. <br />No portion of the Property will be removed, demolished or materially altered without Lender's <br />prior written consent except that Grantor has the right to remove items of personal property <br />comprising a part of the Property that become worn or obsolete, provided that such personal <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 />13. 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 />14. 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 />JAY L. HEHNKE <br />Nebraska Deed Of Trust <br />NE/4XXXXRUSS00000000002375050N Wolters Kluwer Financial Services ©1996, 2020 Bankers Page 4 <br />Systems'" <br />