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� �� <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 <br />