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<br />contract rights, general intangibles, and all rights and claims which Grantor may have that in any way pertain
<br />to or are on account of the use or occupancy of the whole or any part of the Property.
<br />Grantor will promptly provide Lender with true and correct copies of all existing and future Leases. Grantor may
<br />collect, receive, enjoy and use the Rents so long as Grantor is not in default under the terms of this Security
<br />Instrument.
<br />Grantor agrees that this assignment is immediately effective between the parties to this Security Instrument
<br />and effective as to third parties on the recording of this Security Instrument. This assignment will remain
<br />effective until the Secured Debts are satisfied. Grantor agrees that Lender is entitled to notify Grantor or
<br />Grantor's tenants to make payments of Rents due or to become due directly to Lender after such recording,
<br />however, Lender agrees not to notify Grantor's tenants until Grantor defaults and Lender notifies Grantor of the
<br />default and demands that Grantor and Grantor's tenants pay all Rents due or to become due directly to Lender.
<br />On receiving notice of default, Grantor will endorse and deliver to Lender any payment of Rents in Grantor's
<br />possession and will receive any Rents in trust for Lender and will not commingle the Rents with any other
<br />funds. Any amounts collected will be applied as provided in this Security Instrument. Grantor warrants that no
<br />default exists under the Leases or any applicable landlord /tenant law. Grantor also agrees to maintain and
<br />require any tenant to comply with the terms of the Leases and applicable law.
<br />13. DEED OF TRUST COVENANTS. Grantor agrees that the covenants in this Security Instrument are material
<br />obligations under the Secured Debts-and-this Security Instrument. If Grantor breaches -any covenant in this
<br />Security Instrument, Lender may refuse to make additional extensions of credit or may reduce the credit limit.
<br />By not exercising either remedy on Grantor's breach, Lender does not waive Lender's right to later consider the
<br />event a breach if it happens again.
<br />14. DEFAULT. Grantor will be in default if any of the following 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 rights in the
<br />Property.
<br />15. REMEDIES ON DEFAULT. In addition to any other remedy available under the terms of this Security
<br />Instrument, Lender may accelerate the Secured Debts and foreclose this Security Instrument in a manner
<br />provided by law if Grantor is in default. In some instances, federal and state law will require Lender to provide
<br />Grantor with notice of the right to cure, or other notices and may establish time schedules for foreclosure
<br />actions.
<br />At the option of the Lender, all or any part of the agreed fees and charges, accrued interest and principal will
<br />become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or
<br />anytime thereafter. Lender will be entitled to, without limitation, the power to sell the Property.
<br />If there is a default, Trustee will, at the request of the Lender, advertise and sell the Property as a whole or in
<br />separate parcels at public auction to the highest bidder for cash and convey absolute title free and clear of all
<br />right, title and interest of Grantor at such time and place as Trustee designates. Trustee will give notice of sale
<br />including the time, terms and place of sale and a description of the Property to be sold as required by applicable
<br />law in effect at the time of the proposed sale.
<br />Upon sale of the Property and to the extent not prohibited by law, Trustee will make and deliver a deed to the
<br />Property sold which conveys absolute title to the purchaser, and after first paying all fees, charges and costs,
<br />will pay to Lender all moneys advanced for repairs, taxes, insurance, liens, assessments and prior
<br />encumbrances and interest thereon, and the principal and interest on the Secured Debts, paying the surplus, if
<br />any, to Grantor. Lender may purchase the Property. The recitals in any deed of conveyance will be prima facie
<br />evidence of the facts set forth therein.
<br />The acceptance by Lender of any sum in payment or partial payment on the Secured Debts after the balance is
<br />due or is accelerated or after foreclosure proceedings are filed will not constitute a waiver of Lender's right to
<br />require complete cure of any existing default. By not exercising any remedy on Mortgagor's default, Lender
<br />does not waive Lender's right to later consider the event a default if it happens again.
<br />16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. If Grantor breaches
<br />any covenant in this Security Instrument, Grantor agrees to pay all expenses Lender incurs in performing such
<br />covenants or protecting its security interest in the Property. Such expenses include, but are not limited to, fees
<br />incurred for inspecting, preserving, or otherwise protecting the Property and Lender's security interest. Grantor
<br />agrees to pay all costs and expenses incurred by Lender in collecting, enforcing, or protecting Lender's rights
<br />and remedies under this Security Instrument. Expenses include, but are not limited to, attorneys' fees, court
<br />costs and other legal expenses. These expenses are payable on demand and will bear interest from the date of
<br />payment until paid in full at the highest interest rate in effect as provided for in the terms of Secured Debts. To
<br />the extent permitted by the United States Bankruptcy Code, Grantor agrees to pay the reasonable attorneys'
<br />fees Lender incurs to collect the Secured Debts as awarded by any court exercising jurisdiction under the
<br />Bankruptcy Code. This Security Instrument will remain in effect until released. Grantor agrees to pay for any
<br />recordation costs of such release.
<br />17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental
<br />Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act
<br />(CERCLA), all other federal, state and local laws, regulations, ordinances, court orders, attorney general
<br />opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous
<br />substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant
<br />or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the
<br />public health, safety, welfare or environment. The term includes, without limitation, any substances defined as
<br />"hazardous material," "toxic substance," "hazardous waste," "hazardous substance," or "regulated substance"
<br />under any Environmental Law.
<br />Grantor represents, warrants and agrees that:
<br />Bryan J Simonson
<br />Nebraska Deed Of Trust Initials
<br />IA/ 3352C106E1000000000000001200000013n9 01996 Bankers Systems, Inc., St. Cloud, MN �,/�ge 3
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