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200403'720
<br />written consent. Trustor will not permit any change in any license, restrictive covenant or easement without
<br />Beneficiary's prior written consent. Trustor will notify Beneficiary of all demands, proceedings, claims, and
<br />actions against Trustor, and of any loss or damage to the Property.
<br />Beneficiary or Beneficiary's agents may, at Beneficiary's option, enter the Property at any reasonable time for
<br />the purpose of inspecting the Property. Beneficiary shall give Trustor notice at the time of or before an
<br />inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely
<br />for Beneficiary's benefit and Trustor will in no way rely on Beneficiary's inspection.
<br />11. AUTHORITY TO PERFORM. If Trustor fails to perform any duty or any of the covenants contained in this
<br />Security Instrument, Beneficiary may, without notice, perform or cause them to be performed. Trustor appoints
<br />Beneficiary as attorney in fact to sign Trustor's name or pay any amount necessary for performance.
<br />Beneficiary's right to perform for Trustor shall not create an obligation to perform, and Beneficiary's failure to
<br />perform will not preclude Beneficiary from exercising any of Beneficiary's other rights under the law or this
<br />Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable
<br />manner, Beneficiary may take all steps necessary to protect Beneficiary's security interest in the Property,
<br />including completion of the construction.
<br />12. ASSIGNMENT OF LEASES AND RENTS. Trustor irrevocably grants, bargains and sells to Trustee, in trust
<br />for the benefit of Beneficiary, as additional security all the right, title and interest in and to any and all existing or
<br />future leases, subleases, and any other written or verbal agreements for the use and occupancy of any portion of
<br />the Property, including any extensions, renewals, modifications or substitutions of such agreements (all referred
<br />to as "Leases ") and rents, issues and profits (all referred to as "Rents "). Trustor will promptly provide
<br />Beneficiary with true and correct copies of all existing and future Leases. Trustor may collect, receive, enjoy
<br />and use the Rents so long as Trustor is not in default under the terms of this Security Instrument.
<br />Trustor acknowledges that this assignment is perfected upon the recording of this Deed of Trust and that
<br />Beneficiary is entitled to notify any of Trustor's tenants to make payment of Rents due or to become due to
<br />Beneficiary. However, Beneficiary agrees that only on default will Beneficiary notify Trustor and Trustor's
<br />tenants and make demand that all future Rents be paid directly to Beneficiary. On receiving notice of default,
<br />Trustor will endorse and deliver to Beneficiary any payment of Rents in Trustor's possession and will receive
<br />any Rents in trust for Beneficiary and will not commingle the Rents with any other funds. Any amounts
<br />collected will be applied as provided in this Security Instrument. Trustor warrants that no default exists under
<br />the Leases or any applicable landlordttenant law. Trustor also agrees to maintain and require any tenant to
<br />comply with the terms of the Leases and applicable law.
<br />13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Trustor agrees to comply with
<br />the provisions of any lease if this Security Instrument is on a leasehold. If the property is a unit in a
<br />Condominium Project or is part of a Planned Unit Development ( "PUD "), Trustor agrees to the following:
<br />A. Obligations. Trustor shall perform all of Trustor's obligations under the Constituent Documents. The
<br />"Constituent Documents" are the: (i) Declaration or any other document which creates the
<br />Condominium Projects or PUD and any homeowners association or equivalent entity ( "Owners
<br />Association "); (ii) by -laws; (iii) code of regulations; and (iv) other equivalent documents. Trustor shall
<br />promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents.
<br />B. Hazard Insurance. So long as the Owners Association maintains, with a generally accepted insurance
<br />carrier, a "master" or "blanket" policy on the Condominium Project or PUD which is satisfactory to
<br />Lender and which provides insurance coverage in the amounts, for the periods, and against the hazards
<br />Lender requires, including fire and hazards included within the term "extended coverage," then
<br />Trustor's obligation under Section 19 to maintain hazard insurance coverage on the Property is deemed
<br />satisfied to the extent that the required coverage is provided by the Owner's Association policy. Trustor
<br />shall give Lender prompt notice of any lapse in required hazard insurance coverage. In the event of a
<br />distribution of hazard insurance proceeds in lieu of restoration or repair following a loss to Property,
<br />whether to the unit or to common elements, any proceeds payable to Trustor are hereby assigned and
<br />shall be paid to Lender for application to the sums secured by this Security Instrument, with any excess
<br />paid to Trustor.
<br />C. Flood Insurance. Trustor agrees to maintain flood insurance for the life of the Secured Debt which is
<br />acceptable, as to form, amount and extent of coverage to Lender.
<br />D. Public Liability Insurance. Trustor shall take such actions as may be reasonable to insure that the
<br />Owners Association maintains a public liability insurance policy acceptable in form, amount, and extent
<br />of coverage to Lender.
<br />NEBRASKA -DEED OF TRUST
<br />EQ127C (03/2004)
<br />Denise Wassinger W1607 02578
<br />308 -389 -7566 N8042 -011
<br />Wells c=argo Bank, N.A. COID 003
<br />aranu isiancl ivia,,, :_)Ttice Au U3402
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