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200210067 <br />Rents and any lease security deposits. Grantor shall not accept prepayments of <br />installments of Rent to become due for a period of more than one (1) month in advance <br />(except for security deposits and estimated payments of percentage rent, if any). <br />(b) Trustee's and Beneficiary's acceptance of this assignment shall not, <br />prior to entry upon and taking possession of the Property by Trustee or Beneficiary, be <br />deemed to constitute Trustee or Beneficiary a `Beneficiary in possession ", nor obligate <br />Trustee or Beneficiary to appear in or defend any proceeding relating to any of the Leases <br />or to the Property, take any action hereunder, expend any money, incur any expenses, or <br />perform any obligation or liability under the Leases, or assure any obligation for any <br />deposits delivered to Grantor by any tenant and not delivered to Trustee or Beneficiary, <br />or render Beneficiary or Trustee liable for any injury or damage to person or property in <br />or about the Property. Neither the collection of Rents due under the Leases herein <br />described, nor possession of the Property by Beneficiary under any of the circumstances <br />set forth herein shall render Beneficiary liable with respect to any obligations of Grantor <br />to any tenant or subtenant under said Leases, such liability to arise only with respect to a <br />party purchasing the Property at a foreclosure sale or receiving a deed covering the <br />Property in lieu of foreclosure and then to arise only with respect to obligations accruing <br />subsequent to such foreclosure sale or deed in lieu thereof. <br />(c) By Beneficiary's acceptance of this Deed of Trust, it is understood <br />and agreed that a full and complete release of this Deed of Trust shall operate as a full <br />and complete reassignment to Grantor of the Beneficiary's rights and interests under this <br />Section. <br />(d) All provisions hereof shall inure to the benefit of and all actions <br />authorized hereunder shall be exercisable by the Beneficiary. <br />(e) This assignment shall constitute a security in rents pursuant to the <br />provisions of Section 52 -1701 et. seq. Neb. Rev. Star. Supp. (1993). <br />12. Trust Funds. To the extent required under applicable law, all lease <br />security deposits of the Real Estate shall be treated as trust funds not to be commingled <br />with any other funds of Grantor. Within fifteen (15) days after request by Beneficiary, <br />Grantor shall famish the Beneficiary reasonably satisfactory evidence of compliance with <br />this section, together with a statement of all lease security deposits by lessees and copies <br />of all Leases not previously delivered to the Beneficiary, which statement shall be <br />certified by Grantor. <br />13. Additional Rights. The holder of any subordinate lien or subordinate <br />deed of trust on the Property shall have no right to terminate any Lease whether or not <br />such Lease is subordinate to this Deed of Trust, nor shall Grantor consent to any holder <br />of any subordinate lien or subordinate deed of trust joining any tenant under any Lease in <br />any trustee's sale or action to foreclose such lien or modify, interfere with, disturb or <br />terminate the rights of any tenant under any Lease. By recordation of this Deed of Trust <br />all subordinate lienholders and the trustees and beneficiaries under subordinate deeds of <br />trust are subject to and notified of this provision, and any action taken by any such <br />NY2 \117815OZ91ANM WC35899M79 16 <br />