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201106790 <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 under the Leases, and the parties subject to the Leases <br />have not violated any applicable law on leases, licenses and landlords and tenants. Grantor, at its sole cost <br />and expense, will keep, observe and perform, and require all other parties to the Leases to comply with the <br />Leases and any applicable law. If Grantor or any party to the Lease defaults or fails 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, cancel, or otherwise alter the Leases, or accept the surrender of the Property covered by the Leases <br />(unless the Leases so require) without Lender's consent. Grantor will not assign, compromise, subordinate or <br />encumber the Leases and Rents 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 />12. 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 or Borrower fail 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 declared 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 Documents. 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 />M. Insecurity. Lender determines in good faith that a material adverse change has occurred in Borrower's <br />financial condition from the conditions set forth in Borrower's most recent financial statement before the <br />date of this Security Instrument or that the prospect for payment or performance of the Secured Debts is <br />impaired for any reason. <br />13. REMEDIES. On or after the occurrence of an Event of Default, Lender may use any and all remedies Lender <br />has under state or federal law or in any document relating to the Secured Debts, including, without limitation, <br />the power to sell the Property. Any amounts advanced on Grantor's behalf will be immediately due and may <br />be added to the balance owing under the Secured Debts. Lender may make a claim for any and all insurance <br />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 <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 an <br />Event of Default or anytime thereafter. <br />If there is an occurrence of an Event of Default, Trustee will, in addition to any other permitted remedy, at the <br />request of Lender, advertise and sell the Property as a whole or in separate parcels at public auction to the <br />highest bidder for cash. Trustee will give notice of sale including the time, terms and place of sale and a <br />description of the Property to be sold as required by the applicable law in effect at the time of the proposed <br />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 />HARTMAN EXOTICS, INC. <br />Nebraska Deed Of Trust <br />NE1 4AMOSEMAN00000000000621 022090611N Wolters Kluwer Financial Services ©1996, 2011 Bankers Systems^^ Page 3 <br />