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20��Q1��� <br />ASSIGNMENT OF RENTS <br />Loan No: 524517 (Continued) Page 2 <br />possession of the Property; collect the Rents and remove any tenant or tenants or other persons from the Property. <br />Maintein the Property. Lender may enter upon the Property to maintafn the Property and keep the same in repair; <br />to pay the costs thereof and of all services of all employees, including their equipment, end of all continuing costs <br />and expenses of maintaining the Property in proper repair end condition, and elso to pay all taxes, assessments and <br />water utilities, and the premiums on fire and other insurance effected by Lender on the Property. <br />Compllance with Laws. Lender may do eny and all things to execute and comply with the laws of the State of <br />Nebreska end elso all other lawa, rules, orders, ordinances and requirements of all other governmentel agencies <br />affecting the Property. <br />Lease the Property. Lender may rent or lease the whole or any part of the Property for such term or terms and on <br />such conditions as Lender may deem appropriate. <br />Employ Agents. Lender may engage such agent or egents as Lender may deem epproprlate, either in Le�der's <br />name or in Grantor's name, to rent and manage the Property, including the collection and applicetion of Renta. <br />Othar Acts. Lender may do all such other things and ecta with respect to the Property as Lender may deem <br />appropriate and may act exclusively and solely in the place and stead of Grantor and to have all of the powers of <br />Grantor for the purposes stated ebove. <br />No Requirement to Act. Lender shall not be required to do eny of the foregoing acts or things, and the fact that <br />Lender shall have performed one or more of the foregoing acts or things shall not require Lender to do any other <br />specific act or thing. <br />APPLICATION OF RENTS. All costs and expenses incurred by Lender in connection with the Property shall be for <br />Grantor's account and Lender may pay such costs and expenses from the Rents. Lender, in its sole discretion, shall <br />determine the application of any and alt Rents received by it; however, any such Rents received by Lender which are <br />not applied to such costs and expenses shall be applied to the Indebtedness. All expenditures made by Lender under <br />this Assignment and not reimbursed from the Rents shall become a part of the Indebtedness secured by this <br />Assignment, and shall be payable on demand, with interest at the Note rate from date of expenditure until paid. <br />FULL PERFORMANCE. If Grantor peys all of the Indebtedness when due and otherwise performs all the obligstions <br />imposed upon Grantor under this Assignment, the Note, and the Related Documents, Lender shall execute and deliver to <br />Grantor e suitable satisfaction of this Assignment and suiteble statementa of termination of any financing statement on <br />file evidencing Lender's security interest in the Rents and the Property. Any terminetion fee required by law shell be <br />paid by Grantor, if permitted by applicable law. <br />LENDER'S EXPENDITURES. If any action or proceeding ia commenced that would materially affect Lender's interest in <br />the Property or if Grantor fails to comply with any proviaion of this Assignment or any Related Documents, including but <br />not limited to Grentor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under <br />this Assignment or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any <br />actfon that Lender deems appropriate, including but not limited to discharging or paying all texes, liens, security <br />interests, encumbrances and other claims, et any time levied or placed on the Rents or the Property and paying all costs <br />for insuring, msinteining and preserving the Property. All such expenditures incurred or paid by Lender for such <br />purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date <br />of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's optlon, will (A) <br />be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any <br />installment payments to become due durfng either (1) the term of any epplicable insurance policy; or (2) the <br />remaining term of the Note; or (C) be treated as a balloon payment which will be due and peyable at the Note's <br />maturity. The Assignment also will secure payment ot these amounts. Such right shall be in addition to all other rights <br />and remedies to which Lender may be entitled upon Default. <br />DEFAULT. Each of the following, at Lender's option, shell constitute an Event of Default under this Assignment: <br />Payment Default. Grantor fails to make any payment when due under the Indebtedness. <br />Other Dafaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition <br />contalned in this Assignment or in any of the Related Documents or to comply with or to perform eny term, <br />obligation, covenent or condition conteined in any other agreement between Lender end Grantor. <br />Defauk on Other Paymerrts. Failure of Grantor within the time required by this Assignment to make any payment <br />for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. <br />Defauk in Favor qf Third Parties. Grantor defaults under any loan, extension of credit, security agreement, <br />purchase or sales agreement, or any other agreement, In fevor of any other creditor or person that may materially <br />affect any of Grantor's property or ability to perform Grantor's obligations under this Assignment or any of the <br />Related Documents. <br />False Statemer�ts. Any warranty, representation or statement mede or fumished to Lender by Grantor or on <br />Grantor's behalf under this Assignment or the Related Documents is false or misleading in any material respect, <br />either now or at the time made or furnished or becomes false or misleading at any time thereafter. <br />Defective Collaterallzatlon. This Assignment or any of the Related Documents ceases to be in full force and effect <br />(including failure of any collateral document to create a valid and perfected security interest or lien). at eny time end <br />forany reason. <br />Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of <br />Grantor's property, any essignment for the benefit of credltors, any type of creditor workout, or the <br />commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. <br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedinga, whether by judiciel <br />proceeding, self-help, repossession or any other method, by eny creditor of Grantor or by any governmental egency <br />ageinst the Rents or any proparty securing the Indebtedness. Thfs includes e garnishment of any of Grantor's <br />accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a <br />good faith dispute by Grantor es to the vatidity or reasonableness of the claim which is the basis of the creditor or <br />forfeiture proceeding end if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits <br />with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, <br />in its sole discretlon, as being an edequete reserve or bond for the dispute. <br />Property Damege or Loss. The Property is lost, stolen, substantially demaged, sold, or borrowed against. <br />Events Affecting Guara�or. Any of the preceding events occurs with respect to any guerantor, endorser, surety, <br />or accommodation party of any of the Indebtedness or any guarentor, endorser, surety, or accommodetion parry <br />dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the <br />Indebtedneas. <br />Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the <br />prospect of payment or performance of the Indebtedness is impaired. <br />InsecurFty. Lender in good faith believes itself insecure. <br />