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e � . � � � ��� � �i/O� � 6! n/�IV O <br />preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any <br />construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all <br />steps necessary to protect Lender's security interest in the Property, including completion of the construction. <br />12. ASSIGNMENT OF LEASES AND RENTS. Grantor irrevocab{y assigns, grants, conveys to Lender as <br />additional security atl the right, title and interest in the fottowing tProperty►. <br />A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for <br />the use and occupancy of the Property, including but not limited to any extensions, renewals, modifications <br />or replacements (Leases). <br />B. Rents, issues and p�ofits, including but not limited to security deposits, minimum rents, percentage rents, <br />additional rents, common area maintenance charges, parking charges, real estate taxes, other applicable <br />taxes, insurance premium contributions, fiquidated damages following default, cancellation premiums, "loss <br />of rents" insurance, guest receipts, revenues, royalties, proceeds, bonuses, accounts, coniract rights, <br />general intangibles, and all rights and claims which Grantor may have that in any way pertain to or are on <br />account of the use or occupancy of the whole or any part of the Property (Rents). <br />In the event any item listed as Leases or Rents is determined to be personal property, this Assignment will also <br />be regarded as a security agreement. Grantor will promptly provide Lender with copies of the Leases and will <br />certify these Leases are true and correct copies. The existing Leases will be provided on execution of the <br />Assignme�t, and all future Leases and any other information with respect to these Leases will be provided <br />immediately after they are executed. Grantor may collect, receive, enjoy and use the Rents so long as Grantor <br />is not in default. Grantor will not collect in advance any Rents due in future lease periods, unless Grantor first <br />obtains Lender's written consent. Upon default, Grantor will receive any Rents in trust for Lender and Grantor <br />will not commingle the Rents with any other funds. When Lender so directs, Grantor will endorse and deliver <br />any payments of Rents from the Property to Lender. Amounts collected will be applied at Lender's discretion <br />to the Secured Debts, the costs of managing, protecting and preserving the Property, and other necessary <br />expenses. 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 unde� the Leases, and the parties subject to the Leases <br />have not violated any applicable law on leases, licenses and landtords and tenants. Grantor, at its sole cost <br />and expense, will keep, observe and perform, and require all other parties to th�e Leases to comply with the <br />Leases and any applicable law. If Grantor or any party to the Lease defaults or faits to observe any applicable <br />law, Grantor will promptly notify Lender. If Grantor neglects or refuses to enforce compliance with the terms <br />of the Leases, then Lender may, at Lender's option, enforce compliance. Grantor will not sublet, modify, <br />extend, cance{, or otherwise alter the Leases, or accept the surrender of the Property covered by the Leases <br />Iunless the Leases so require) without Lender's consent. Grantor will not assign, compromise, subordinate or <br />encumber the Leases and Renis without Lender's prior written consent. Lender does not assume or become <br />liable for the Property's maintenance, depreciation, or other losses or damages when Lender acts to manage, <br />protect or preserve the Property, except for losses and damages due to Lender's gross negligence or intentional <br />torts. Otherwise, Grantor will indemnify Lender and hold Lender harmless for all liability, loss or damage that <br />Lender may incur when Lender opts to exercise any of its remedies against any party obligated under the <br />Leases. <br />13. DEFAULT. Grantor will be in default if any of the following events (known separately and collectively as an <br />Event of Default) 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 <br />behalf of, application of any debtor relief law, the assignment for the benefit of creditors by or on behalf of, <br />the voluntary or involuntary termination of existence by, or the commencement of any proceeding under any <br />present or future federal or state insolvency, bankruptcy, reorganization, composition or debtor relief law by <br />or against Grantor, Borrower, or any co-signer, endorser, surety or guarantor of this Security Instrument or <br />any other obligations Borrower has with Lender. <br />C. Death or Incompetency. Grantor dies or is dec{ared legally incompetent. <br />D. Failure to Perform. Grantor fails to perform any condition or to keep any promise or covenant of this <br />Security Instrument. <br />E. Other pocuments. A default occurs under the terms of any other document relating to the Secured <br />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 <br />that is untrue, 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 <br />authority. <br />J. Name Change. Grantor changes Grantor's name or assumes an additional name without notifying Lender <br />before making such a change. <br />K. Property Transfer. Grantor transfers all or a substantial part of Grantor's money or property. This <br />condition of default, as it relates to the transfer of the Property, is subject to the restrictions contained in <br />the DUE ON SALE section. <br />L. Property Value. Lender determines in good faith that the value of the Property has declined or is <br />impaired. <br />RICHARD L. HARTMAN <br />Nebraska Deed Of Trust <br />NE/4AMOSEMAN00000000000621047032811 N Wolters Kluwer Financial Services °1996, 2011 Bankers SystemsT° Page 3 <br />