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.. � f ��' k i � . ' �� ' . <br />2011Q�90� <br />discretion to the Secured Debts, the costs of managing, protecting and preserving the Property, and other <br />necessary expenses. Trustor agrees that th s Security Instrument is immediately effective between Trustor <br />and Beneficiary and effective as to third par ies on the recording of this Assignment. <br />As fong as this Assignment is in effect, Trustor warrants and represents that no default exists under the <br />Leases, and the parties subject to the Leas s have not violated any applicable law on leases, ticenses and <br />landlords and tenants. Trustor; at its sole c st and expense, will keep, observe and perform, and require all <br />other parties to tfie Leases to comply with t e Leases and any appficable law. <br />If Trustor or any party to ,the Lease defa� <br />notify Beneficiary..lf Trustor neglects. or re <br />Beneficiary may, at Beneficiary's option, <br />cancel, or otherwise alter the Leases, or ac <br />the Leases so require) without Be�eficiary <br />encumber the Leases and Rents without BE <br />become liable for the Property's maintena <br />acts to manage, protect or preserve the Pr� <br />negligence or intentional torts. Otherwise, <br />for a11 liability, loss or damage that Bene <br />remedies against any party obligated under <br />15. CONDOMINlUMS; PLANNED UN{T QEVEL <br />planned unit development Trustor will p <br />regulations of the condominium or planned <br />or fails to observe any applicable law, Trustor will promptly <br />ses to enforce compliance with the terms of the Leases, then <br />�force compliance. Trustor will not sublet, modify, extend, <br />pt the surrender of the Property covered by the Leases (unless <br />consent. Trustor will not assign, comprom�se, subordinate or <br />ficiary's prior written consent. Beneficiary does not assume or <br />;, depreciation, or other losses or damages when Beneficiary <br />;rty, except for losses and damages dus to Beneficiary's gross <br />astor will indemnify Beneficiary and hold Beneficiary harmless <br />ary may incur when Beneficiary opts to exercise any of its <br />; Leases. <br />ENTS. If the Property includes a unit in a condominium or a <br />m aIJ of Trustor's duties under . the covenants, by-laws, or <br />development. <br />16. DEFAULT. Trustor will be in default if any oi <br />A. Any party obligated on the Secured D� <br />B. A breach of any term or covenant in <br />agreement, secunty agreement ar any <br />relating to the Secured Debt; <br />C. The making or furnishing of any <br />Beneficiary that is false or incorrec� <br />obligated on the Secured Debt; <br />D. The death, dissolution, appointment <br />Trustor or any person or entity obligat <br />E. A good faith belief by Beneficiary at � <br />or entity obligated on the Secured I <br />Property is impaired; <br />F. A material adverse change in Trust� <br />conditions, which Beneficiary in its o� <br />the Secured Debt; or <br />G. Any loan proceeds are used for a pur <br />land or to the conversion of wetlands <br />C.F.R. Part 1940, Subpart G, Exhibit I <br />the follawing occur: <br />bt fails to make payment when due; <br />his Deed of Trust, any prior mortgage or any construction loan <br />other document evidencmg, guarantying, securing or otherwise <br />erbal or written representation, statement or warranty to <br />in any material respect by Trustor or any person or entity <br />�f a receiver for, or application of any debtor relief law to, <br />�d on the Secured Debt; <br />�y time that Beneficiary is insecure with respectto any person <br />ebt or that the prospect of any payment is impaired or the <br />�'s business including ownership, management, and financia{ <br />nion believes impairs the value of the Property or repayment of <br />�ose that will contribute to excessive erosion ofi highly erodible <br />to produce an agricultural commodity, as further explamed in 7 <br />17. REMEDIES ON DEFAULT. In some instanc s, federal and state law will require Beneficiary to provide <br />Trustor with notice of the right to cure, medi tion notices or other natices and may establish tirne schedules <br />for foreclosure actions. Subject to these li itations, if any, Beneficiary may accelerate the Secured Debt <br />and foreclose this Deed of Trust in a manner rovided by law if this Trustor is in default. <br />At the option of Beneficiary, all or any part of the agreed fees and charges, accrued interest and principal <br />shall become immediately due and payable, fter giving notice if required by law, upon the occurrence of a <br />default or anytime thereafter. In addition, B neficiary shall be entitled to all the remedies provided by law, <br />the Evid�nce of Debt, other evidences of debt, this Deed of Trust and any related documeMs including <br />without Iimitatibn, the po�nrer to setl the Prop rty. <br />ff there is a default, Trustee shall, in add tion to any other permitied remedy, at the request of the <br />Beneficiary, advertise and sell the Property a a whole or m separate parcels at pubHc auction to the highest <br />bidder for cash and convey absolute title fre and clear of all right, title and interest of Trustor at such time <br />and place as Trustee designates. Trustee sha 1 give notice of sale mcluding the time, terms and place of sale <br />and a description of the property to be sold as required by the applicable !aw in effect at the time ot the <br />proposed sale. <br />Security Instrumerrt-CommerciaVAgricuttural-NE <br />VMP� Bankers SystemsTM <br />Wokers Kluwer Finencial Sarvices 0 2011 <br />AGCO-AESI-NE 7/1/2011 <br />VMP-0595(NE) (1107).00 <br />Page 5 of 10 <br />