� ��
<br />12. PROPERTY CONDITION, ALTERATIONS AN
<br />and make all repairs that are reasonably ne
<br />or damage to the Property. Trustor will kee
<br />not initiate, join in or consent to any chang
<br />public or private restriction limiting or defini
<br />the Property, without Beneficiary's prior H
<br />proceedings, claims, and actions against Tn
<br />use, ownership and occupancy of the Pi
<br />restrictions, whether public or private, with
<br />nature of the occupancy and use will not cho
<br />�o��as�a�
<br />INSPECTION. Trustor will keep the Property in good condition
<br />ssary. Trustor will give Beneficiary prompt notice of any loss
<br />the Property free of noxious weeds and grasses. Trustor will
<br />in any private restrictive covenant, zoning ordinance or other
<br />� the uses which may be made of the Property or any part of
<br />:ten consent. Trustor will notify Beneficiary of all demands,
<br />or or any other owner made under law or regulation regarding
<br />�erty. Trustor will comply with all legal requirements and
<br />spect to the use of the Property. Trustor also agrees that the
<br />ge without Beneficiary's prior written consent.
<br />No portion of the Property will be remove , demolished or materially altered without Beneficiary's prior
<br />written consent except that Trustor has the right to remove items of personal property comprising a part of
<br />the Property that become worn or obsolet , provided that such personal property is replaced with other
<br />personal property at least equal in value t the replaced personal property, free from any title retention
<br />device, security agreement or other encum rance. Such replacement of personal property will be deemed
<br />subject to the security interest created by his Deed of Trust. Trustor shall not partition or subdivide the
<br />Property without Beneficiary's prior wri en consent. Beneficiary or Beneficiary's agents may, at
<br />Beneficiary's option, enter the Property at ny reasonable time for the purpose of inspecting the Property.
<br />Any inspection of the Property shall be enti ely for Beneficiary's benefit and Trustor will in no way rely on
<br />Beneficiary's inspection.
<br />73. AUTHORITY TO PERFORM. If Teustor fails o per�orm any of Trustor's duties under tfiis Deed of Trust, or
<br />any other mortgage, deed of trust, securi agreement or other lien document that has priority over this
<br />Deed of Trust, Beneficiary may, without no �ice, pertorm the dufies or cause them to be performed. Trustor
<br />appoints Beneficiary as attorney in fact to sign Trustor's name or pay any amount necessary for
<br />performance. If any construction on the Pro erty is discontinued or not carried on in a reasonable manner,
<br />Beneficiary may do whatever is necessary o protect Beneficiary's security interest in the Property. This
<br />may include completing the construction.
<br />Beneficiary's right to pertorm for Trustor sh II not create an obligation to perform, and Beneficiary's failure
<br />to perform will not preclude Beneficiary fro exercising any of Beneficiary's other rights under the law or
<br />this Deed of Trust. Any amounts paid by eneficiary for insuring, preserving or otherwise protecting the
<br />Property and Beneficiary's security interest ill be due on demand and will bear interest from the date of
<br />the payment until paid in full at the interest rate in effect from time to time according to the terms of the
<br />Evidence of Debt.
<br />14. ASSIGNMENT OF LEASES AND RENTS. Tr
<br />additional security all the right, title and inte
<br />A. Existing or future leases, subleases,
<br />for the use and occupancy of the Pi
<br />modifications or replacements �Lease;
<br />B. Rents, issues and profits, including E
<br />rents, additional rents, common area
<br />applicable taxes, insurance premium
<br />premiums, "loss of rents" insuran
<br />accounts, conVact rights, general int
<br />in any way pertain to or are on acc
<br />Property (Rents►.
<br />In the event any item listed as Leases or R�
<br />also be regarded as a security agreement.
<br />r irrevocably assigns, grants and conveys to Benef.iciary as
<br />in the following �Property►.
<br />ses, guaranties and any other written or verbal agreements
<br />�ty, including but not limited to, any extensions, renewals,
<br />not limited to, security deposits, minimum rents, percentage
<br />aintenance charges, parking charges, real estate taxes, other
<br />itributions, liquidated damages following default, cancellation
<br />guest receipts, revenues, royalties, proceeds, bonuses,
<br />�ibles, and all rights and claims which Trustor may have that
<br />it of the use or occupancy of the whole or any part of the
<br />is determined to be personal property, this Assignment will
<br />Trustor will prqmptly provide Beneficiary wi
<br />and correct copies. The existing Leases wil
<br />Leases and any other information with respe
<br />executed. Trustor may collect, receive, enjo�
<br />will not collect in advance any Rents due
<br />written consent. Upon default, Trustor will
<br />commingle the Rents with any other funds.
<br />any payments of Rents from the Property to
<br />:h copies of the Leases and will certify these Leases are true
<br />be provided on execution of the Assignment, and all future
<br />ct to these Leases will be provided immediately after they are
<br />and use the Rents so long as Trustor is not in default. Trustor
<br />in future lease periods, unless Trustor first obtains Lender's
<br />eceive any Rents in trust for Beneficiary and Trustor will not
<br />When Beneficiary so directs, Trustor will endorse and deliver
<br />Beneficiary. Amounts collected will be applied at Beneficiary's
<br />Security Ir�trumerrt-Comrtrercial/Agricukurel-NE
<br />VMP� Bankers SystemsTM�
<br />Woltere Kluwer Financial Services 0 2011
<br />AGCO-RESI-NE 7/1/2011
<br />VMP-0596(NEI (11071.00
<br />Page 4 of 10
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