|
��
<br />�41���13'�
<br />ASSIGNMENT OF RENTS
<br />Loan No: 101249944 (Continued) Page 4
<br />interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand end shall bear
<br />interest at the Note rate from the date of the expenditure until repeid. Expenses covered by thfs paregraph include,
<br />without limitetion, however subject to any limits under appliceble law, Lender's attorneys' fees and Lender's legel
<br />expenses, whether or not there is a lewsuit, including attorneys' fees and expenses for benkruptcy proceedings
<br />(including efforts to modify or vacate any eutomatic stey or (njunction), appeals, and any anticipated post-judgment
<br />collection services, the cost of searching records, obteining title reports (including foreclosure reporta), surveyors'
<br />reports, and appraisal fees, title insurance, and feea for the Trustee, to the extent permitted by applicable law.
<br />Grantor elso will pay any court costs, in addition to all other sums provided by law.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions ere e part of this Assignment:
<br />Amendmer�ts. This Assignment, together with any Related Documents, constitutea the entire understanding and
<br />agreement of the parties as to the matters set forth in this Assignment. No alteration of or emendment to this
<br />Assignment shall be effective unless given in writing end signed by the party or parties sought to be charged or
<br />bound by the alteration or amendment.
<br />Caption Headings. Ception headings in this Assignment ere for convenience purposes only and ere not to be used
<br />to interpret or define the provisions of this Assignment.
<br />Governing Law. This Assignment will be governed by federal law epplicable to Lender and, to the extent not
<br />preempted by federal law, the laws of the Stete of Nebraska wkhout regard to its conflicts of law prov(slons. Thls
<br />Assignment has been accepted by Lender in the State of Nebraska.
<br />Choice of Venue. If there is a lawsuit, Grentor agrees upon Lender's request to submit to the jurisdiction of the
<br />courts of Hell County, Stete of Nebraska.
<br />Merger. There shall be no merger of the interest or estate created by this essignment wfth any other intereat or
<br />estate in the Property at any time held by or for the benefit of Lender in any cepecity, without the written consent
<br />of Lender.
<br />Interpretetion. (1) In all cases where there is more than one Borrower or Grantor, then all words used in this
<br />Assignment in the singular shall be deemed to heve been used in the plural where the context and construction so
<br />require. (2) If more then one person sfgns this Assignment es "Grantor," the obligations of each Grantor ere joint
<br />and severel. This means that if Lender brings a lawsuit, Lender may sue any one or more of the Grentors. If
<br />Borrower and Grantor are not the same person, Lender need not sue Borrower first, and thet Borrower need not be
<br />joined in any lawsuit. (3) The names given to peragraphs or sections in this Assignment are for convenience
<br />purposes only. They are not to be used to interpret or define the provisions of this Assignment.
<br />No Waiver by Lender. Lender shalt not be deemed to have waived any rights under this Assignment unless such
<br />waiver is given in writing end signed by Lender. No delay or omission on the part of Lender in exercising any right
<br />shall operate as e weiver of such right or any other right. A waiver by Lender of a provision of this Assignment
<br />shall not prejudice or constitute e waiver of Lender's right otherwise to demand strict complience with thet
<br />provision or any other provision of this Assignment. No prior waiver 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 Grentor's obtigationa as to any
<br />future transactlons. Whenever the consent of Lender is required under this Assignment, the granting of such
<br />consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such
<br />consent is required end in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br />Noticea. Any notice required to be given under this Asaignment shall be given in wrlting, and shall be effective
<br />when actually delivered, when actually received by telefecsimile (unless otherwise required by Iew1, when
<br />deposited with a netionelly recognized overnight courier, or, if mailed, when deposited in the United States meii, es
<br />first class, certified or registered mail postage prepaid, directed to the eddresses shown near the beginning of thie
<br />Assignment. Any party may change its eddress for notices under this Assignment by giving formal written notice
<br />to the other parties, specifying that the purpose of the notice is to chenge the party's address. For notice
<br />purposes, Grantor egrees to keep Lender informed at all times of Grantor's current address. Unless otherwise
<br />provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is
<br />deemed to be notice given to all Grantors.
<br />Powers of Attorney. The various agencies end powers of attorney conveyed on Lender under this Assignment are
<br />grented for purposes of security and may not be revoked by Grantor until such time as the same are renounced by
<br />Lender.
<br />Severebility. If a court of competent jurisdiction finds eny provision of this Assignment to be illegal, invalid, or
<br />unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or
<br />unenforceable es to any other circumstence. If feasible, the offending provlsion shall be considered modifled so
<br />that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shell be
<br />considered deleted from this Assignment. Unless otherwiae required by lew, the illegality, invelidity, or
<br />unenforceability of any provision of this Assignment shall not affect the legality, validity or enforceability of any
<br />other provision of this Assignment.
<br />Successors and Assigns. SubJact to any limitations stated in thia Assignment on transfer of Grantor's interest, thia
<br />Assignment shall be binding upon end inure to the benefit of the parties, their successors and esaigns. If
<br />ownership of the Property becomes vested in e person other than Grentor, Lender, without notice to Grantor, mey
<br />
|