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<br />Grantor may collect, receive, enjoy and use the Rents so long as Grantor is not in default. Upon default, Grantor will
<br />receive any Rents in trust for Lender and Grantor will not commingle the Rents with any other funds. Grantor
<br />agrees that this Security Instrument is immediately effective between Grantor and Lender and ?ffeclive as to third
<br />parties on the recording of this Assignment. As long as this Assignment is in effect, Grantor warrants and
<br />represents that no default exists under the Leases, and the parties subject to the Leases have not violated any
<br />applicable law on leases, licenses and landlords and tenants.
<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 Security
<br />Instrument, Lender may refuse to make additional extensions of credit or may reduce the credit limit. By not
<br />exercising either remedy on Grantor's breach, Lender does not waive Lender's right to later consider the event a
<br />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 Lenders rights in the 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 provided
<br />by law if Grantor is in default. In some instances, federal and state law will require Lender to provide Grantor with
<br />notice of the right to cure, or other notices and may establish time schedules for foreclosure actions.
<br />Al 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. Trustee will give notice of sale including the time,
<br />terms and place of sale and a description of the Property to be sold as required by applicable law In effect at the
<br />time of the proposed sale. Upon any sale of the Property, Trustee will make and deliver a special or limited
<br />warranty deed that conveys the property sold to the purchaser or purchasers. Under this special or limited warranty
<br />deed, Trustee will covenant that Trustee has not caused or allowed a lien or an encumbrance to burden the
<br />Properly and that Trustee will specially warrant and defend the Property's title of the purchaser or purchasers at the
<br />sale against all lawful claims and demand of all persons claiming by, through or under Trustee.
<br />Upon sale of the Properly and to the extent not prohibited by law and after flrst paying all fees, charges and costs,
<br />Trustee 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 any,
<br />to Grantor. Lender may purchase the Property. Upon any sale of the Property, Trustee will make and deliver a
<br />special or limited warranty deed that conveys the property sold to the purchaser or purchasers. Under this special
<br />or limited warranty deed, Trustee will covenant that Trustee has not caused or allowed a lien or an encumbrance to
<br />burden the Property and that Trustee will specially warrant and defend the Property's title of the purchaser or
<br />purchasers at the sale against all lawful claims and demand of all persons claiming by, through or under Trustee.
<br />The recitals in any deed of conveyance will be prima facie 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 due
<br />or is accelerated or after foreclosure proceedings are fled will not constitute a waiver of Lender's right to require
<br />complete cure of any existing default. By not exercising any remedy on Grantor's default, Lender does not waive
<br />Lender's rightto later considerthe 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 and
<br />remedies under this Security Instrument. Expenses include, but are not limited to, attorneys' fees, court casts and
<br />other legal expenses. These expenses are payable on demand and will bear interest from the date of payment until
<br />pall in full at the highest interest rate in effect as provided for in the terms of Secured Debts. To the extent permitted
<br />by the United States Bankruptcy Code, Grantor agrees to pay the reasonable attorneys' fees Lender incurs to tolled
<br />the Secured Debts as awarded by any court exercising jurisdiction under the Bankruptcy Code. This Security
<br />Instrument will remain in effect until released. Grantor agrees to pay for any recordation costs of such release.
<br />17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law
<br />means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA),
<br />all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive
<br />letters 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, welfare or
<br />environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic
<br />substance ", "hazardous waste ", "hazardous substance ", or "regulated substance" under any Environmental Law.
<br />Grantor represents, warrants and agrees that:
<br />A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will be
<br />located, stored or released on or in the Property. This restriction does not apply to small quantities of
<br />Hazardous Substances that are generally recognized to be appropriate for the normal use and maintenance
<br />of the Property.
<br />B. Except as previously disclosed and acknowledged in writing to Lender, Grantor and every tenant have been,
<br />are, and -will remain in full compliance with any applicable Environmental Law.
<br />C. Grantor will immediately notify Lender if a release or threatened release of a Hazardous Substance occurs
<br />on, under or about the Property or there is a violation of any Environmental Law concerning the Property. In
<br />such an event, Grantor will take all necessary remedial action in accordance with any Environmental Law.
<br />he21e2 -3ne
<br />Nebraska HELOG Mortgage
<br />lk4x 471996 Bankers Systems, Inc., St Cloud, MN F' .ai Page 3r
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