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�. 201109133
<br />consent, Grantor does not and will not use any other name and will preserve Grantor's
<br />existing name, trade names and franchises.
<br />10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Grantor will keep the Property
<br />in good condition and make all repairs that are reasonably necessary. Grantor will not commit
<br />or allow any waste, impairment, or deterioration of the Property. Grantor will keep the Property
<br />free of noxious weeds and grasses. Grantor agrees that the nature of the occupancy and use
<br />will not substantially change without Lender's prior written consent. Grantor will not permit
<br />any change in any license, restrictive covenant or easement without Lender's prior written
<br />consent. Grantor will notify Lender of all demands, proceedings, claims, and actions against
<br />Grantor, and of any loss or damage to the Property.
<br />No portion of the Property will be removed, demolished or materially altered without Lender's
<br />prior written consent except that Grantor has the right to remove items of personal property
<br />comprising a part of the Property that become worn or obsolete, provided that such personal
<br />property is replaced with other personal� property at lea$t equal in value to the replaced personal
<br />property, free from any title retention device, security agreement or other encumbrance. Such
<br />replacement of personal property will be deemed subject to the security interest created by this
<br />Security Instrument. Grantor will not partition or subdivide the Property without Lender's prior
<br />written consent.
<br />Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time
<br />for the purpose of inspecting the Property. Lender will give Grantor notice at the time of or
<br />before an inspection specifying a reasonable purpose for the inspection. Any inspection of the
<br />Property will be entirely for Lender's benefit and Grantor will in no way rely on Lender's
<br />inspection.
<br />11. AUTHORITY TO PERFORM. If Grantor fails to perform any duty or any of the covenants
<br />contained in this Security Instrument, Lender may, without notice, perform or cause them to be
<br />performed. Grantor appoints Lender as attorney in fact to sign Grantor's name or pay any
<br />amount necessary for performance. Lender's right to perform for Grantor will not create an
<br />obligation to perform, and Lender's failure to perform will not preclude Lender from exercising
<br />any of Lender's other rights under the law or this Security Instrument, If any construction on
<br />the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps
<br />necessary to protect Lender's security interest in the Property, including completion of the
<br />construction.
<br />12. ASSIGNMENT OF LEASES AND RENTS. Grantor irrevocably assigns, grants, conveys to
<br />Lender as additional security all the right, title and interest in the following (Property).
<br />A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal
<br />agreements for the use and occupancy of the Property, including but not limited to any
<br />extensions, renewals, modifications or replacements (Leases).
<br />B. Rents, issues and profits, including but not limited to security deposits, minimum rents,
<br />percentage rents, additional rents, common area maintenance charges, parking charges, real
<br />estate taxes, other applicable taxes, insurance premium contributions, liquidated damages
<br />following default, cancellation premiums, "loss of rents" insurance, guest receipts, revenues,
<br />royalties, proceeds, bonuses, accounts, contract rights, general intangibles, and all rights
<br />and claims which Grantor may have that in any way pertain to or are on account of the use
<br />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
<br />Assignment will also be regarded as a security agreement. Grantor will promptly provide Lender
<br />with copies of the Leases and will certify these Leases are true and correct copies. The
<br />existing Leases will be provided on execution of the Assignment, and all future Leases and any
<br />other information with respect to these Leases will be provided immediately after they are
<br />executed. Grantor may collect, receive, enjoy and use the Rents so long as Grantor is not in
<br />default. Grantor will not collect in advance any Rents due in future lease periods, unless
<br />Grantor first obtains Lender's written consent. Upon default, Grantor will receive any Rents in
<br />trust for Lender and Grantor will not commingle the Rents with any other funds. When Lender
<br />so directs, Grantor will endorse and deliver any payments of Rents from the Property to Lender.
<br />Amounts coflected will be applied at Cender's discretion to the Secured Debts, the costs of
<br />managing, prote,cting and preserving the Property, and other necessary expenses. Grantor
<br />agrees that this Security Instrument is immediately effective between Grantor and Lender and
<br />effective as to third parties on the recording of this Assignment. As long as this Assignment is
<br />in effect, Grantor warrants and represents that no default exists under the Leases, and the
<br />parties subject to the Leases have not violated any applicable law on leases, licenses and
<br />landlords and tenants. Grantor, at its sole cost and expense, will keep, observe and perform,
<br />and require all other parties to the Leases to comply with the Leases and any applicable law. If
<br />Grantor or any party to the Lease defaults or fails to observe any applicable law, Grantor will
<br />promptly notify Lender. If Grantor neglects or refuses to enforce compliance with the terms of
<br />the Leases, then Lender may, at Lender's option, enforce compliance. Grantor will not sublet,
<br />YOGI MOTEL, INC.
<br />Nebraska Deed Of Truat
<br />NE/4XTMADDEN00000000000624053 1 1 29 1 1N Wolters Kluwer Financial Services �1996, 2017 Bankers Page 3
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