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<br />200610972
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<br />9. WARRANTIES AND REPRESENTATIONS. Grantor has the right and authority to enter into this Security Instrument.
<br />The execution and delivery of this Security Instrument will not violate any agreement governing Grantor or to which Grantor is
<br />a party.
<br />10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Grantor will keep the Property in good condition
<br />and make all repairs that are reasonably necessary. Grantor will not commit or allow any waste, impairment, or deterioration
<br />of the Property. Grantor will keep the Property free of noxious weeds and grasses. Grantor agrees that the nature of the
<br />occupancy and use will not substantially change without Lender's prior written consent. Grantor will not permit any change in
<br />any license, restrictive covenant or easement without Lender's prior written consent. Grantor will notify Lender of all
<br />demands, proceedings, claims, and actions against Grantor, and of any loss or damage to the Property.
<br />Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the
<br />Property. Lender will give Grantor notice at the time of or before an inspection specifying a reasonable purpose for the
<br />inspection. Any inspection of the Property will be entirely for Lender's benefit and Grantor will in no way rely on Lender's
<br />inspection.
<br />11. AUTHORITY TO PERFORM. If Grantor fails to perform any duty or any of the covenants contained in this Security
<br />Instrument, Lender may, without notice, perform or cause them to be performed. Grantor appoints Lender as attorney in fact
<br />to sign Gramor's name or pay any amount necessary for performance. Lender's right to perform for Grantor will not create
<br />an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other
<br />rights under the law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a
<br />reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property, including
<br />completion of the construction.
<br />12. ASSIGNMENT OF LEASES AND RENTS. Grantor irrevocably assigns, grants, conveys to Lender as additional
<br />security all the right, title and interest in the following (Property): existing or future leases, subleases, licenses, guaranties and
<br />any other written or verbal agreements for the use and occupancy of the Property, including any extensions, renewals,
<br />modifications or replacements (Leases); and rents, issues and profits (Rents). In the event any item listed as Leases or Rents is
<br />determined to be personal property, this Assignment will also be regarded as a security agreement. Grantor will promptly
<br />provide Lender with copies of the Leases and will certify these Leases are true and correct copies. The existing Leases will be
<br />provided on execution of the Assignment, and all future Leases and any other information with respect to these Leases will be
<br />provided immediately after they are executed. Grantor may collect, receive, enjoy and use the Rents so long as Grantor is not
<br />in default. Upon default, Grantor will receive any Rents in trust for Lender and Grantor will not commingle the Rents with
<br />any other funds. Grantor agrees that this Security Instrument is immediately effective between Grantor and Lender and
<br />effective as to third 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 applicable law on
<br />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 to make a payment in full when due.
<br />B. Insolvency or Bankruptcy. The death, dissolution or insolvency of, appointment of a receiver by or on behalf of,
<br />application of any debtor relief law, the assignment for the benefit of creditors by or on behalf of, the voluntary or
<br />involuntary termination of existence by, or the commencement of any proceeding under any present or future federal or
<br />state insolvency, bankruptcy, reorganization, composition or d.ebtor relief law by or against Grantor, Borrower, or any co-
<br />signer, endorser, surety or guarantor of this Security Instrument or any other obligations Borrower has with Lender.
<br />C. Death or Incompetency. Grantor dies or is declared legally incompetent.
<br />D. Failure to Perform. Grantor fails to perform any condition or to keep any promise or covenant of this Security
<br />Instrument.
<br />E. Other Documents. A default occurs under the terms of any other document relating to the Secured Debts.
<br />F. Other Agreements. Grantor is in default on any other debt or agreement Grantor has with Lender.
<br />G. Misrepresentation. Grantor makes any verbal or written statement or provides any financial information that is untrue,
<br />inaccurate, or conceals a material fact at the time it is made or provided.
<br />H. Judgment. Grantor fails to satisfy or appeal any judgment against Grantor.
<br />I. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a legal authority.
<br />J. Name Change. Grantor changes Grantor's name or assumes an additional name without notifying Lender before
<br />making such a change.
<br />K. Property Transfer. Grantor transfers all or a substantial part of Grantor's money or property. This condition of
<br />default, as it relates to the transfer of the Property, is subject to the restrictions contained in the DUE ON SALE section.
<br />L. Property Value. Lender determines in good faith that the value of the Property has declined or is impaired.
<br />M. Insecurity. Lender determines in good faith that a material adverse change has occurred in Grantor's financial
<br />condition from the conditions set forth in Grantor's most recent financial statement before the date of this Security
<br />Instrument or that the prospect for payment or performance of the Secured Debts is impaired for any reason.
<br />14. REMEDIES. On or after default, Lender may use any and all remedies Lender has under state or federal law or in any
<br />document relating to the Secured Debts, including, without limitation, the power to sell the Property. Any amounts advanced
<br />on Grantor's behalf will be immediately due and may be added to the balance owing under the Secured Debts. Lender may
<br />make a claim for any and all insurance benefits or refunds that may be 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 and state law,
<br />Lender may make all or any part of the amount owing by the terms of the Secured Debts immediately due and foreclose this
<br />Security Instrument in a manner provided by law upon the occurrence of a 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, advertise and sell the
<br />Property as a whole or in separate parcels at public auction to the highest bidder for cash. Trustee will give notice of sale
<br />including the time, terms and place of sale and a description of the Property to be sold as required by the applicable law in
<br />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 order: to all fees,
<br />charges, costs and expenses of exercising the power of sale and the sale; to Lender for all advances made for repairs, taxes,
<br />insurance, liens, assessments and prior encumbrances and interest thereon; to the Secured Debts' principal and interest; and
<br />paying any surplus as required by law. Lender or its designee 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 property sold
<br />to the purchaser or purchasers. Under this special or limited warranty deed, Trustee will covenant that Trustee has not caused
<br />or allowed a lien or an encumbrance to burden the Property and that Trustee will specially warrant and defend the Property's
<br />title of the purchaser or purchasers at the sale against all lawful claims and demand of all persons claiming by, through or
<br />under Trustee. The recitals in any deed of conveyance will be prima facie evidence of the facts set forth therein.
<br />
<br />Bruce R Rieker
<br />Nebraska Deed or Trust
<br />NE/4XX232II500937I0000518702I1I3006Y
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<br />@1996 Bankers Systems, Inc., Sl. Cloud, MN ~"
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