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200210779 <br />11. AUTHORITY TO PERFORM_ U Toaster fails to perform any duty or any of the covenants contained in this Security <br />Instrument, Beneficiary may, without notice, perform or cause them to be performed. Trustor appoints Beneficiary as attorney in <br />fact to sign Trusters name or pay any amount accessary for performance. Beneficiary's right to perform for Toaster shall not <br />create an obligation to perform, and Beneficiary's failure to perform will not preclude Beneficiary from exercising any of <br />Beneficiary 's other rights under the law or this Security Instmmcrd If any construction on the Property is discontlnued or not <br />carried on in a reasonable manner, Beneficiary may lake all steps necessary to protect Beneficiary's security interest in the <br />Property, including completion of the construction_ <br />12. ASSIGNMENT OF LEASES AND RENTS. Tmslor hrevocably grails, bargains and sells to Trustee, in cost for the benefit of <br />Beneficiary , as additional security all the right, litic and interest in and to any and all existing or future leases, subleases, and mry <br />other writtep or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, renewals, <br />modifications or substitutions of such agreements (all referred to as "Leases') and rents, issues and profits (all referred to as <br />"Rents "). Truster will promptly provide Beneficiary with tnme and correct copies of all existing and fulure Leases. Truster may <br />collect, receive, enjoy and use the Rents so long as Toaster is not in default under the Icons of this Security Bmstronent <br />Trustor acknowledges that tlus assignment is perfected upon the recording of [his Decd of Trust and that Beneficiary is entitled to <br />notify any of Tmstor's tenants to make payment of Rents due or to become due to Beneficiary. However, Beneficiary agrees that <br />only on default will Beneficiary notify" Truster and Trustor's tcaaals and make demand that all f ulure Rents be paid directly to <br />Beneficiary. On receiving notice of default, Tmstor will endorse and deliver to Beneficiary any payment of Rents in Tmstor's <br />possession and will receive any Rents in trust for Beneficiary mid will not commingle the Rents with any other funds. Any <br />amounts collected will be applied as provided in Ibis Security Instrument. Truster warrants that no default exists under the Leases <br />or any applicable landlord/ICmant Is,. Truster also agrees to maintain and require any tenant to comply with the terms of the <br />Leases and applicable law. <br />13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Tmstor agrees to comply with the provisions of <br />any lease if this Security Instrument is on a leasehold. If the property is a unit in a Condominium Project or is pant of a Planned <br />Unit Development (RUD "), Tmstor agrees to the following: <br />A. Obligations. Truslnr shall perform all of Toaster's obligations under the Constituent Documents. The "Constituent <br />Documents" we the (i) Declaration or any other document which creates the Condominium Projects or PUD and any <br />homeowners association or equivalent entity ( "Owners Association "); (it) by -laws; (iii) code of regulations; and (iv) other <br />equivalent documents. Truster shall promptly pay, when due, all dues and assessments imposed pursuant to the <br />Constituent Documents. <br />B. Hazard Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master" <br />or "blanket" policy on the Condominium Project or PUD which is satisfactory to Lender and which provides insurance <br />coverage in the amounts, for the periods, and against the hazards Lender requires, including fire and hazards included <br />within the term "extended coverage," then Toaster's obligation under Section 19 to maintain hazard insurance coverage <br />on the Property is deemed satisfied to the extent that the required coverage is provided by the Owner's Association polity. <br />Tmstor shall give Lender prompt notice of any lapse in required hazard insurance coverage. In the event of a distribution <br />of hazard insurance proceeds in lieu of restoration or repair following a loss to Property, whether to the unit or to common <br />elements, any proceeds payable to Truster me hereby assigned and shall be paid to Lender for application to the sums <br />secured by this Security Instrument, with any excess paid to Truster. <br />C. Flood Insurance. Truster agrees to maintain flood insmance for the life of the Secured Debt which is acceptable, as to <br />fort, amount and extent of coverage to Lender. <br />D. Public Liability Insurance. Tmstor shall take such actions as may be reasonable to insure that the Owners Association <br />maintains a public liability insurance policy acceptable in form, amount, and eatent of coverage to Lender. <br />E. Concentration. The proceeds of any award or claim for damages, direct or consequential, payable to Tmslor in <br />connection with any condemnation or other taking of all many part of the Property, whether of the unit or of the common <br />elements, or for any conveyance in lien of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds <br />shall be applied by Lender to the sums secured by the Security Inslmment as provided in Section IS <br />I. Lender's Prior Consent Truster shall not, except after notice to Lender and with Leader's prior written consent, either <br />partition or subdivide the Property or consent to (i) the abandonment or lenninatien of the Condominium Project or <br />PUD, except for abandonment or termination required by law in the case of substantial destruction by fire or other <br />casualty or in the case of a taking by condemnation or eminent doril (ii) any amendment to any provision of the <br />Constituent Documents if the provision is for the express benefit of Lender, (iii) termination of professional management <br />and assumption of self - management by the Owners Association, or (iv) any action which would have the effect of <br />rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. <br />G. Remedies. If Truster does not pay condominium or PUD dues and assessments when due, then Lender may pay them. <br />Any amount disbursed by Lender under this section shall become additional debt of Tmslor secured by this Sccurily <br />Instrument Unless Tmstor and Lender agree to other terns of payment, these unicorns shall bear interest from the date of <br />NEBRASKA DEED OF "FRUST <br />FQ1ZIC (06200) <br />