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<br />referred to as Rents). In the event any item listed as Leases or Rents is determined to be personal
<br />property, this Assignment will also be regarded as a security agreement. Trustor will promptly provide
<br />Beneficiary 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 other
<br />information with respect to these Leases will be provided immediately after they are executed. Trustor
<br />may collect. receive, enjoy and use the Rents so long as Trustor is not in default.
<br />Upon default, Trustor will receive any Rents in trust for Beneficiary and will not commingle the Rents
<br />with any other funds. Trustor agrees that this Security Instrument is immediately effective between
<br />Trustor and Beneficiary and effective as to third parties on the recording of this Assignment. As long as
<br />this Assignment is in effect, Trustor warrants and represents that no default exists under the Leases, and
<br />the parties subject to the Leases have not violated any applicable law on leases, licenses and landlords
<br />and tenants.
<br />13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Trustor agrees to
<br />comply with the provisions of any lease if this Security Instrument is on a leasehold. If the Property
<br />includes a unit in a condominium or a planned unit development, Trustor will perform all of Trustor's
<br />duties under the covenants, by-laws, or regulations of the condominium or planned unit development.
<br />14. DEFAULT. Trustor will be in default if any party obligated on the Secured Debt fails to make payment
<br />when due. Trustor will be in default if a breach occurs under the terms of this Security Instrument or any
<br />other document executed for the purpose of creating, securing or guarantying the Secured Debt. A good
<br />faith belief by Beneficiary that Beneficiary at any time is insecure with respect to any person or entity
<br />obligated on the Secured Debt or that the prospect of any payment or the value of the Property is
<br />impaired shall also constitute an event of default.
<br />15. REMEDIES ON DEFAULT. In some instances, federal and state law will require Beneficiary to
<br />provide Trustor with notice of the right to cure or other notices and may establish time schedules for
<br />foreclosure actions. Subject to these limitations, if any, Beneficiary may accelerate the Secured Debt and
<br />foreclose this Security Instrument in a manner provided by law if Trustor is in default.
<br />At the option of Beneficiary, all or any part of the agreed fees and charges, accrued interest and principal
<br />shall become immediately due and payable, after giving notice if required by law, upon the occurrence of
<br />a default or anytime thereafter. In addition, Beneficiary shall be entitled to all the remedies provided by
<br />law, the terms of the Secured Debt, this Security Instrument and any related documents, including
<br />without limitation, the power to sell the Property.
<br />If there is a default, Trustee shall, in addition to any other permitted remedy, at the request of the
<br />Beneficiary, advertise and sell the Property as a whole or in separate parcels at public auction to the
<br />highest bidder for cash and convey absolute title free and clear of all right, title and interest of Trustor at
<br />such time and place as Trustee designates. Trustee shall give notice of sale including the time, terms and
<br />place of sale and a description of the property to be sold as required by the applicable law in effect at the
<br />time of the proposed sale.
<br />Upon sale of the Property and to the extent not prohibited by law, Trustee shall make and deliver a deed
<br />to the Property sold which conveys absolute title to the purchaser, and after first paying all fees, charges
<br />and costs, shall pay to Beneficiary all moneys advanced for repairs, taxes, insurance, liens, assessments
<br />and prior encumbrances and interest thereon, and the principal and interest on the Secured Debt, paying
<br />the surplus, if any, to Trustor. Beneficiary may purchase the Property. The recitals in any deed of
<br />conveyance shall be prima facie evidence of the facts set forth therein.
<br />All remedies are distinct, cumulative and not exclusive, and the Beneficiary is entitled to all remedies
<br />provided at law or equity, whether or not expressly set forth. The acceptance by Beneficiary of any sum
<br />in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after
<br />foreclosure proceedings are filed shall not constitute a waiver of Beneficiary's right to require complete
<br />cure of any existing default. By not exercising any remedy on Trustor's default, Beneficiary does not
<br />waive Beneficiary's right to later consider the event a default if it continues or happens again.
<br />16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS.
<br />Except when prohibited by law, Trustor agrees to pay all of Beneficiary's expenses if Trustor breaches
<br />any covenant in this Security Instrument. Trustor will also pay on demand any amount incurred by
<br />Beneficiary for insuring, inspecting, preserving or otherwise protecting the Property and Beneficiary's
<br />security interest. These expenses will bear interest from the date of the payment until paid in full at the
<br />highest interest rate in effect as provided in the terms of the Secured Debt. Trustor agrees to pay all costs
<br />and expenses incurred by Beneficiary in collecting, enforcing or protecting Beneficiary's rights and
<br />remedies under this Security Instrument. This amount may include, but is not limited to, attorneys' fees,
<br />court costs, and other legal expenses. This Security Instrument shall remain in effect until released.
<br />Trustor agrees to pay for any recordation costs of such release.
<br />16. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1)
<br />Environmental Law means, without limitation, the Comprehensive Environmental Response,
<br />Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and all other federal, state and
<br />local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters
<br />concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous
<br />Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has
<br />characteristics which render the substance dangerous or potentially dangerous to the public health, safety,
<br />welfare or environment. The term includes, without limitation, any substances defined as "hazardous
<br />NEBRASKA - DEED OF TRUST (NOT FOMA.,FMC, FHA OR VA USE)
<br />Lam Forms Inc. 1CHA1001/15 Initials.
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