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<br />� ASSIGNMENT OF RENTS 2 012 0 9.10 �i
<br />Loan No: 101249434 (Continued) Page 4
<br />Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, end
<br />an election to meke expenditures or to take ection to perform an obligation of Grentor under thia Assignment, after
<br />Grantor's failure to perform, shall not affect Lender's right to declare a defeult end exercise its remedies.
<br />Attorneys' Fees; Expenses. If Lender institutes eny suit or actlon to enforoe eny of the terms of this Asaignment,
<br />Lender shall be entitled to recover such sum as the court may adjudge reasoneble as attorneys' fees et trial and
<br />upon any appeal. Whether or not any court action is involved, and to the extent not prohib(ted by law, all
<br />reasonable expensea Lender incurs that in Lender's opinion are necessery et any time for the protection of its
<br />fnterest or the enforcement of its rights ahell become e pert of the Indebtedness payeble on demand end shall bear
<br />(nterest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragreph include,
<br />without limitation, however subject to any Ilmits under applicable law, Lender's attorneys' fees and Lender's legal
<br />expenses, whether or not there is e lawsuit, including ettorneys' fees and expenses for bankruptcy proceedings
<br />(including efforts to modify or vacete any automatic stay or injunction), appeals, and eny enticipated post-judgment
<br />collectfon services, the cost of searching records, obtafning title reports ((ncluding foreclosure reports), surveyors'
<br />reports, and appraisal fees, title insurance, end fees for the Trustee, to the extent permltted by applicable law.
<br />Grantor also will pey any court costs, in addition to ell other sums provided by �aw.
<br />MISCELLANEOUS PROVISIONS. The following m(scettaneous provis(ons are a pert of thia Assignment:
<br />Amendmenics. This Assignment, together with eny Related Document�, constitutes the entire understanding and
<br />agreement of the parties as to the matters set forth in this Assignment. No elteretion of or amendment to this
<br />Assignment shell be effective unless given in writing end signed by the party or parties sought to be cherged or
<br />bound by the alteration or emendment.
<br />Ception Headings. Caption headings in this Assignment are for convenience purposes only and are not to be used
<br />to interpret or define the provisions of this Assignment.
<br />(3overning Law. This Assignment will be governed by federal law applicable to Lender and, to the extent not
<br />preempted by federal law, the laws of the Stete of Nebraska without regard to ka conflicts of law provisions. This
<br />Assignmant has been accepted by Lender in the State of Nebraske.
<br />Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the
<br />courts of Hell County, State of Nebraska.
<br />Merger. There shall be no merger of the interest or estate created by thla assignment with any other interest or
<br />estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent
<br />of Lender.
<br />Interpretadon. (1) In all cases where there is more than one Borrower or Grantor, then elt words used in this
<br />Assignment In the aingular shell be deemed to have been used in the pturel where the context end construction so
<br />require. (2) If more than one person signs this Assignment as "Grantor," the obligetions of each Grantor ere joint
<br />and several. This meana that if Lender brings a lawsuit, Lender may sue any one or more of the Grentors. If
<br />Borrower and Grentor are not the same person, Lender need not aue Borrower first, and that Borrower need not be
<br />joined in any lawsuit. (3) The names given to paregrephs or aections in thia Assignment are for convenience
<br />purposes only. They are not to be used to interpret or define the provisions of this Assignment.
<br />No Weiver by Lender. Lender shall not be deemed to heve waived any righta under this Assignment unleas such
<br />waiver Is given in writing and signed by Lender. No delay or omission on the part of Lender in exerciaing eny right
<br />shall operate as a weiver of such right or any other right. A welver by Lender of e provision of thia Assignment
<br />shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict complience with that
<br />provision or any other provision of this Assignment. No prior weiver by Lender, nor any course of dealing between
<br />Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligetions as to any
<br />future transactions. Whenever the consent of Lender is required under this Assignment, the grenting of such
<br />consent by Lender in eny instance shall not Gonstitute continuing consent to subsequent instences where such
<br />consent is required and in all ceses such consent may be granted or withheld in the sol.e discretion of Lenc�er.
<br />NoUces. Any notfce required to be given under this Assignment shall be given (n writing, end shall be effective
<br />when actually delivered, when actually rece(ved by telefacaimfle (unleas otherwise required by law1, when
<br />deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as
<br />first class, certified or registered mail postage prepaid, directed to the eddresses shown near the beginning of this
<br />Ass(gnment. Any party may change fts address for notices under this Assignment by giving formal written notice
<br />to the other parties, specifying thet the purpose of the notice is to change the perty's eddress. For notice
<br />purposes, Grantor agrees to keep Lender (nformed et all times of Grantor's current address. Unlesa otherwise
<br />provided or required by law, if there is more than one Grentor, any notice given by Lender to any Grantor ia
<br />deemed to be notice given to ell Grantars.
<br />Powers of Attorney. The various egencies end powers of ettorney conveyed on Lender under thia Assignment are
<br />granted for purposes of security end mey not be revoked by Grantor undl such time as the same are renounced by
<br />Lender.
<br />SeverabiUty. If a court of competent juriadictton finds eny proviaion of this Asaignment to be illegel, inveUd, or
<br />unenforceable as to any circumstance, thet finding shall not meke the offending provision illege�, invelid, or
<br />unenforceable as to any other circumstance. If fesaible, the offending provision shall be conaidered modified so
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