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<br />construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps
<br />necessary to protect Lender's security interest in the Property, including completion of the construction.
<br />12. ASSIGNMENT OF LEASES AND RENTS. Grantor irrevocably assigns, grants, conveys to Trustee, in trust
<br />for the benefit of Lender as additional security all the right, title and interest in the following (all referred to as
<br />Property): existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements
<br />for the use and occupancy of the Property, including any extensions, renewals, modifications or replacements
<br />(all referred to as Leases); and rents, issues and profits (all referred to as Rents). In the event any item listed as
<br />Leases or Rents is determined to be personal property, this Assignment will also be regarded as a security
<br />agreement. Grantor will promptly provide Lender with copies of the Leases and will certify these Leases are
<br />true and correct copies. The existing Leases will be provided on execution of the Assignment, and all future
<br />Leases and any other information with respect to these Leases will be provided immediately after they are
<br />executed. Grantor may collect, receive, enjoy and use the Rents so long as Grantor is not in default. Upon
<br />default, Grantor will receive any Rents in trust for Lender and Grantor will not commingle the Rents with any
<br />other funds. Grantor agrees that this Security Instrument is immediately effective between Grantor and Lender
<br />and effective as to third parties on the recording of this Assignment. As long as this Assignment is in effect,
<br />Grantor warrants and represents that no default exists under the Leases, and the parties subject to the Leases
<br />have not violated any applicable law on leases, licenses and landlords and tenants.
<br />13. DEFAULT. Grantor will be in default if any of the following occur:
<br />A. Payments. Grantor fails or Borrower fails to make a payment when due.
<br />B. Other Events. Anything else happens that causes Lender to reasonably believe that the prospect of
<br />payment, performance or realization of the Property is significantly impaired.
<br />14. REMEDIES. Lender may use any and all remedies Lender has under state or federal law or in any instrument
<br />evidencing or pertaining to the Secured Debts, including, without limitation, the power to sell the Property. Any
<br />amounts advanced on Grantor's behalf will be immediately due and may be added to the balance owing under
<br />the Secured Debts. Lender may make a claim for any and all insurance benefits or refunds that may be
<br />available on Grantor's default.
<br />Subject to any right to cure, required time schedules or any other notice rights Grantor may have under federal
<br />and state law, Lender may make all or any part of the amount owing by the terms of the Secured Debts
<br />immediately due and foreclose this Security Instrument in a manner provided by law upon the occurrence of e
<br />default or anytime thereafter.
<br />If there is a default, Trustee will, in addition to any other permitted remedy, at the request of the Lender,
<br />advertise and sell the Property as a whole or in separate parcels at public auction to the highest bidder for cash.
<br />Trustee will give notice of sale including the time, terms and place of sale and a description of the Property to
<br />be sold as required by the applicable law in effect at the time of the proposed sale.
<br />To the extent not prohibited by law, Trustee will apply the proceeds of the Property's sale in the following
<br />order: to all fees, charges, costs and expenses of exercising the power of sale and the sale; to Lender for all
<br />advances made for repairs, taxes, insurance, liens, assessments and prior encumbrances and interest thereon;
<br />to the Secured Debts' principal and interest; and paying any surplus as required by law. Lender or its designee
<br />may purchase the Property.
<br />Upon any sale of the Property, Trustee will make and deliver a special or limited warranty deed that conveys the
<br />property sold to the purchaser or purchasers. Under this special or limited warranty deed, Trustee will covenant
<br />that Trustee has not caused or allowed a lien or an encumbrance to burden the Property and that Trustee will
<br />specially warrant and defend the Property's title of the purchaser or purchasers at the sale against all lawful
<br />claims and demand of all persons claiming by, through or under Trustee. The recitals in any deed of
<br />conveyance will be prima facie evidence of the facts set forth therein.
<br />All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law
<br />or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial
<br />payment on the Secured Debts after the balance is due or is accelerated or after foreclosure proceedings are
<br />filed will not constitute a waiver of Lender's right to require full and complete cure of any existing default. By
<br />not exercising any remedy, Lender does not waive Lender's right to later consider the event a default if it
<br />continues or happens again.
<br />15. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitted by law,
<br />Grantor agrees to pay all expenses of collection, enforcement or protection of Lender's rights and remedies
<br />under this Security Instrument. Grantor agrees to pay expenses for Lender to inspect and preserve the Property
<br />and for any recordation costs of releasing the Property from this Security Instrument. Expenses include, but are
<br />not limited to, attorneys' fees, court costs and other legal expenses. These expenses are due and payable
<br />immediately. If not paid immediately, these expenses will bear interest from the date of payment until paid in
<br />full at the highest interest rate in effect as provided for in the terms of the Secured Debts. To the extent
<br />permitted by the United States Bankruptcy Code, Grantor agrees to pay the reasonable attorneys' fees Lender
<br />Incurs to collect the Secured Debts as awarded by any court exercising jurisdiction under the Bankruptcy Code.
<br />16. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental
<br />Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act
<br />(CERCLA), all other federal, state and local laws, regulations, ordinances, court orders, attorney general
<br />opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous
<br />substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant
<br />or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the
<br />public health, safety, welfare or environment. The term includes, without limitation, any substances defined as
<br />"hazardous material," "toxic substance," "hazardous waste," "hazardous substance," or "regulated substance"
<br />under any Environmental Law.
<br />Grantor represents, warrants and agrees that:
<br />Nebraska Deed Or Trmt InlKnle
<br />IAI4X W988326006239000038]2021080)03Y °1996 Banker. Syatam ,Inc., St. Claud, MN "1457—la" Page 3
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