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� 99 109797 and demands that Grantor and Grantor's tenants pay all Rents due or to become due directly to Lender. On receiving the notice of default, Grantor will endorse and deliver to Lender any payments of Rents. Grantor warrants that no default exists under the Leases or any applicable landlord law. Grantor also agrees to maintain, and to require the tenants to comply with, the Leases and any applicable law. Grantor will promptly notify Lender of any noncompliance. If Grantor neglects or refuses to enforce compliance with the terms of the Leases, then Lender or Trustee may opt to enforce compliance. Grantor will obtain Lender's written authorization before Grantor consents to sublet, modify, cancel, or otherwise alter the Leases, to accept the surrender of the Property covered by such Leases (unless the Leases so require►, or to assign, compromise or encumber the Leases or any future Rents. If Lender acts to manage, protect and preserve the Property, Lender does not assume or become liable for its maintenance, depreciation, or other losses or damages, except those due to Lender's gross negligence or intentional torts. Otherwise, Grantor will hold Lender harmless and indemnify Lender for any and all liability, loss or damage that Lender may incur as a consequence of the assignment under this section. 13. DEFAULT. Grantor will be in default if any of the following occur: A. Payments. Grantor fails to make a payment in full when due. B. Insolvency. Grantor makes an assignment for the benefit of creditors or becomes insolvent, either because Grantor's liabilities exceed Grantor's assets or Grantor is unable to pay Grantor's debts as they become due. C. Death or Incompetency. Grantor dies or is deciared incompetent. D. Failure of Condition or Term. Grantor fails to pay, or perform any condition or to keep any promise or covenant on this or any debt or agreement Grantor has with Lender. E. Misrepresentation. Grantor makes any verbal or written statement or provides any financial information that is untrue, inaccurate, or conceals a material fact at the time it is made or provided. F. Judgment. Grantor fails to pay or discharge a judgment against Grantor for the payment of money, unless within ten days of its entry the judgment is either satisfied or a stay of enforcement is granted pending appeal. G. Forfeiture. The Property is used in a manner or for a purpose which threatens confiscation by a legal authority. H. Name Change. Grantor changes Grantor's name or assumes an additional name without notifying Lender before making such a change. I. Property Transfer. Grantor transfers all or a substantial part of Grantor's money or property. J. Erosion. Any loan proceeds are used for a purpose that will contribute to excessive erosion of highly erodible land or to the conversion of wetlands to produce an agricultural commodity, as further explained by federal law. K. Other Instruments. A default occurs under the terms of any instrument evidencing or pertaining to the Secured Debts. L. Insecurity. Anything else happens that causes Lender to reasonably believe that Lender will have difficulty collecting the amount owed under the terms of the Secured Debts or significantly impairs the value of the Property. 14. REMEDIES. Lender may use any and all remedies Lender has under state or federal law or in any instrument evidencing or pertaining to the Secured Debts, including, without limitation, the power to sell the Property. Any amounts advanced on Grantor's behalf will be immediately due and may be added to the balance owing under the Secured Debts. Lender may make a claim for any and all insurance benefits or refunds that may be available on Grantor's default. Subject to any right to cure, required time schedules or other notice rights Grantor may have under federal and state law, Lender may make all or any part of the amount owing by the terms of the Secured Debts immediately due and foreclose this Security Instrument in a manner provided by law upon the occurrence of a default or anytime thereafter. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debts after the balance is due or is accelerated or after foreclosure proceedings are filed will not constitute a waiver of Lender's right to require complete cure of any existing default. By choosing any one or more of these remedies Lender does not give up Lender's right to use any other remedy. Lender does not waive a default if Lender chooses not to use a remedy. By electing not to use any remedy, Lender does not JAMES L ROWLEY Nebraska Deed Of Truat Initials NE/2Heath054B000000000000000C0000000Dn3 °1996 Bankers Systems,Inc.,St.Cloud,MN Page 4