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�0120216� <br />ASSIGIVMENT OF RENTS <br />Loan No: 101250661 (Continued) Page 2 <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Assignment or any Related Documents, Grantor <br />shall pay to Lender all amounts secured by this Asaignment es they become due, end shall strictly perform ell of <br />Grantor's obligations under this Assignment. Unless and until Lender exercises fts right to collect the Rents as provided <br />below and so long as there (s no default under this Asaignment, Grantor mey remain in posaeas(on end control of and <br />operate end manage the Property and collect the Rents, provided that the grenting of the right to collect the Rents shall <br />not constitute Lender's consent to the use of cash collateral in e benkruptcy proceeding. <br />GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grentor warrents thet: <br />Ownership. Grantor is entitled to receive the Rents free and clear of all rights, loens, liens, encumbrances, end <br />claims except es disclosed to and accepted by Lender in writing. <br />Right to Assign. Grantor has the full right, power and authority to enter into this Assignment and to essign and <br />convey the Rents to Lender. <br />No Prior Assignment. Grantor has not previously assigned or conveyed the Rents to any other person by any <br />instrument now in force. <br />No Further Transfer. Grantor will not sell, assign, encumber, or otherwise dispose of any of Grantor's rights in the <br />Rents except as provided in this Assignment. <br />LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS. Lender shall have the right at any time, and even though no <br />default shall have occurred under this Assignment, to collect and receive the Rents. For this purpose, Lender is hereby <br />given and granted the following rights, powers and authority: <br />Notice to Tenarns. Lender may send notices to any and all tenants of the Property edvising them of this <br />Assignment and directing all Rents to be paid directly to Lender or Lender's agent. <br />Enter the Property. Lender may enter upon and take possession of the Properry; demand, collect and receive from <br />the tenants or from any other persons liable therefor, all of the Rents; institute end carry on all legel proceedings <br />necessary for the protection of the Property, including such proceedings as may be necessary to recover <br />possession of the Property; collect the Rents and remove eny tenant or tenants or other persons from the Property. <br />Maintaln the Property. Lender may enter upon the Properry to maintain the Property and keep the same in repair; <br />to pay the costs thereof and of all services of all employees, including their equipment, and of all continuing costs <br />and expenses of maintaining the Property ln proper repair and condition, and also to pey all taxes, essessments and <br />water utilities, and the premiums on fire and other insurance effected by Lender on the Properry. <br />Compliance with Laws. Lender may do eny and all things to execute and comply with the lews of the State of <br />Nebraska and also ell other laws, rules, orders, ordinances and requirements of all other governmental 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 es Lender may deem eppropriate. <br />Employ Agents. Lender mey engage such agent or agents as Lender may deem appropriate, either in Lender's <br />name or in Grantor's name, to rent and manage the Property, including the collection end application of Rents. <br />Other Acts. Lender may do ell such other thinga and acts with respect to the Property es Lender may deem <br />appropriate and may ect exclusively and solely in the place and stead of Grantor and to have all of the powers of <br />Grantor for the purposes stated above. <br />No Requirement to Act. Lender shell not be required to do any of the foregoing acts or things, end the fact that <br />Lender shall have performed one or more of the foregoing ects 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 mey pey such costs end expenses from the Rents. Lender, in its sole discretion, shall <br />determine the application of any and ell Rents received by it; however, any such Rents received by Lender which are <br />not applied to such costs and expenses shell be epplied to the Indebtedness. All expenditures made by Lender under <br />this Assignment and not reimbursed from the Rents shall become e part of the Indebtedness secured by this <br />Assignment, and shall be payable on demand, with interest et the Note rete from dete of expenditure until paid. <br />FULL PERFORMANCE. If Grantor peys all of the Indebtedness when due end otherwise performs ell the obligations <br />imposed upon Grentor under this Assignment, the Note, and the Related Documents, Lender shall execute and deliver to <br />Grantor a suitable satisfaction of this Assignment and su(table statements of termination of any finencing stetement 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 is commenced thst would materially affect Lender's interest in <br />the Property or if Grantor fails to comply with any prov(sion of this Assignment or any Releted Documents, including but <br />not limited to Grantor's failure to discharge or pay when due any amounts Grantor (s required to diacherga or pay under <br />this Assignment or any Related Documents, Lender on Grentor's behalf may (but shall not be obligated to) take eny <br />action that Lender deems appropriete, including but not limited to discherging or paying all taxes, liens, security <br />interests, encumbrences and other cleims, at eny time levied or pleced on the Renta or the Property and paying ell costa <br />