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202306 774
<br />creation of, any lien, encumbrance, transfer or sale of all or any part of the Property. This right
<br />is subJect to the restrictions imposed by federal law, as applicable.
<br />11. WARRANTIES AND REPRESENTATIONS. Grantor makes to Lender the following
<br />warranties and representations which will continue as long as this Security Instrument is In
<br />effect:
<br />A. Power. Grantor is duly organized, and validly existing and in good standing in all
<br />jurisdictions In which Grantor operates. Grantor has the power and authority to enter into
<br />this transaction and to carry on Grantor's business or activity as it is now being conducted
<br />and, as applicable, Is qualified to do so In each jurisdiction in which Grantor operates.
<br />B. Authority. The execution, delivery and performance of this Security Instrument and the
<br />obligation evidenced by this Security Instrument are within Grantor's powers, have been
<br />duly authorized, have received all necessary governmental approval, will not violate any
<br />provision of law, or order of court or govemmental agency, and will not violate any
<br />agreement to which Grantor is a party or to which Grantor is or any of Grantor's property is
<br />subject.
<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 wom 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 attomey 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 />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 />BRANDON S CONNICK
<br />Nebraska Deed Of Trust
<br />NE/4SIMONSEN00000000003181023120723N Wolters Kluwer Financial Services, Inc.°1996, 2023 Page 3
<br />Bankers Systems.
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