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200210392 11. AUTHORITY TO PERFORM. If Truster fails to perform any duty or any of the covenants contained in this Security Instrument, Beneficiay may, without notice, perform or cause them to be performed. Tmstor appoints Beneficiary as attorney in - fact to sign Tmslors name or pay any amount necessary for performance. Beneficiary's right to perform for Tmstor shall not create an obligation to perform, and Beneficiary's failure to perform will not preclude Beneficiary from exercising any of Beneficiary's other rights under the law or this Security Instrument. if any construction on the Property is discontinued or not carried on in a reasonable manner, Beneficiary may lake all steps necessary to protect Beneficiary's security interest in the Properly, including completion of the construction. 12. ASSIGNMENT OF LEASES AND RENTS. Tmstor irrevocably grants, bargains and sells to Trustee, in trust for the benefit of Beneficiary, as additional security all the right, title and interest in and to any and all existing or future leases, subleases, and any other written or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, renewals, modifications or Substitutions of such agreements (all referred to as "Leases') and rents, issues and profits (all referred to as "Rents'). Truster will promptly provide Beneficiary with we and correct copies of all existing and future Leases. Tmstor may collect, receive, enjoy and use the Rents so long as Toaster is not in default under the terms of this Security Instrument. Truster acknowledges that this assignment is perfected upon the recording of this Deed of Trust and that Beneficiary is entitled to notify any of Truster's tenants to make payment of Rents due or to become due to Beneficiary. However, Beneficiary agrees that only on default will Beneficiary notify Toaster and Toaster's tenants and make demand that all future Rents be paid directly to Beneficiary. On receiving notice of default, Toaster will endorse and deliver to Beneficiary any payment of Rents in Toaster's possession and will receive any Rents in trust for Beneficiary and will not commingle the Rents with any other funds. Any amounts collected will be applied as provided in this Security Instrument. Tmstor warrants that no default exists under the Leases or any applicable landlord/tenant law. Toaster also agrees to maintain and require any tenant to comply with the terms of the Leases and applicable law. 13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Truster agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold. If the property is a unit in a Condemnation Project or is pan of a Planned Unit Development ( °PUD" ), Toaster agrees to the following: A. Obligations. Toaster shall perform all of Truster's obligations ander the Constituent Documents. The "Constituent Documents" are the: (i) Declaration or any other document which creates the Condominium Projects or POD and any homeowners association or equivalent entity ( "Owners Association'); (ii) by -laws; (iii) code of regulations; and (iv) other equivalent documents. Toaster shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents. B. Hazard Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master" or "blankef' policy on the Condominium Project or PUD which is satisfactory to Lender and which provides insurance coverage in the amounts, for the periods, and against the hazards Lender requires, including fire and hazards included within the term "extended coverage," then Toaster's obligation under Section 19 to maintain hazard insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owner's Association policy. Truster shall give Lender prompt notice of any lapse in required hazard insurance coverage. In the event of a distribution of hazard insurance proceeds in lieu of restoration or repair following a loss to Property, whether to the unit or to common elements, any proceeds payable to Truster are hereby assigned and shall be paid to Lender for application to the sums secured by this Security Instrument, with any excess paid to Truster. C. Flood Insurance. Truster agrees to maintain flood insurance for the life of the Secured Debt which is acceptable, as to form, amount and extent of coverage to Lender. D. Public Liability Insurance. Truster shall take such actions as may be reasonable to insure that the Owners Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to Lender. E. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to Truster in connection with any condemnation or other taking of all or any pan of the Property, whether of the unit or of the common elements, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by the Security Instrument as provided in Section 18. E Lender's Prior Consent. Truster shall not, except after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (i) the abandonment or termination of the Condominium Project or PUB, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the Constituent Documents if the provision is for the express benefit of Lender; (iii) termination of professional management and assumption of self - management by the Owners Association; or (iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. G. Remedies. If Tmstor does not pay condominium or PLO dues and assessments when due, then Lender may pay them. Any amount disbursed by Lender under this section shall become additional debt of Tmstor secured by this Security Instrument. Umess Toaster and Lender agree to other terms of payment, these amounts shall bear interest from the date of NEBRASKA DEED OF TRUST EQ129C (06/2002)