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<br />ASSIGNMENT OF RENTS
<br />Loan No: 101250661 (Continued) Page 4
<br />provided for in the Lender's Right to Receive and Collect Rents Section, above. If the Rents are collected by
<br />Lender, then Grantor irrevocably designates Lender as Grentor's attorney-in-fact to endorse instruments received in
<br />payment thereof in the name of Grentor and to negotiate the same and collect the proceeds. Payments by tenents
<br />or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments ere
<br />made, whether or not any proper grounds for the demend exlsted. Lender may exercise its rights under this
<br />subparagraph either in person, by agent, or through a receiver.
<br />Other Remedies. Lender shall have all other rights and remedies provided in this Assignment or the Note or by
<br />law.
<br />Election of Remedies. Election by Lender to pursue any remedy shell not exclude pursuit of any other remedy, and
<br />an election to make expenditures or to take action to perform an obligation of Grantor under this Assignment, after
<br />Grantor's failure to perform, shall not effect Lender's right to declare a defeult end exercise its remedies.
<br />Attorneys' Fees; Facpenses. If Lender institutes any suit or action to enforce any of the terms of this Assignment,
<br />Lender shell be entitled to recover such sum es the court may adjudge reasonable as ettorneys' fees at trial and
<br />upon any appeal. Whether or not eny court action is involved, end to the extent not prohibited by law, all
<br />reasonable expenses Lender incurs that in Lender's opinion are necessary et any time for the protection of its
<br />interest or the enforcement of its rights shell become e part of the Indebtedness payable on demend end ahall bear
<br />interest at the Note rate ftom the date of the expenditure until repaid. Facpenses covered by this paregraph include,
<br />without limitation, however subject to any limits under epplicable lew, Lender's attorneys' fees end Lender's legal
<br />expenses, whether or not there is a lawsuit, including attorneys' fees end expenses for bankruptcy proceedings
<br />(including efforts to modify or vacate eny automat(c stey or injunctionl, appeals, and any anticipated post-Judgment
<br />collection services, the cost of searching records, obteining title reports lincluding foreclosure reportsl, surveyors'
<br />reports, and appraisal fees, title insurance, and fees for the Truatee, to the extent permitted by applicable law.
<br />Grantor elso will pay any court costs, in addition to all other sums provided by lew.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are e part of this Assignment:
<br />AmendmenLa. This Assignment, together with any Related Documents, constitutes the entire understanding and
<br />agreement of the parties as to the matters set forth in this Assignment. No alteration of or amendment to this
<br />Assignment shall be effective unless given in writing and signed by the party or parties sought to be charged or
<br />bound by the alteretion or amendment.
<br />Caption 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 />Governing Law. This Assignmerrt will be govemed by federal law epplicable to Lender and, to the extent not
<br />preempted by federal law, the laws of the State of Nebraska without regerd to its confllcts of law provisions. Th(s
<br />Assignment has been accepted by Lender in the Stete of Nebreska.
<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 Hatl County, State of Nebraska.
<br />Joint and Severel Liability. All obligetions of Borrower and Grantor under this Assignment shall be joint end
<br />several, and all references to Grantor shall mean each end every Grantor, and all references to Borrower shall mean
<br />each and every Borrower. This means thet each Grantor signing below is responsible for all obligetiona in this
<br />Assignment. Where any one or more of the partiea is a corporation, partnership, limited liability company or similar
<br />entity, it is not necessary for Lender to inqu(re (nto the powers of any of the officers, directors, partners, members,
<br />or other agents acting or purporting to act on the entity's behelf, end any obligations made or created in reliance
<br />upon the professed exercise of such powers shall be guarenteed under this Assignment.
<br />Merger. There shall be no merger of the interest or estate created by this essignment with any other interest or
<br />estate in the Property at eny time held by or for the benefit of Lender in any capacity, without the written consent
<br />of Lender.
<br />Interpretation. 11) In ell 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 have been used in the plural where the context and construction so
<br />require. (2) If more than one person signs this Assignment as "Grentor," the obligations of each Grantor are joint
<br />and several. This means that if Lender brings a lawsuit. Lender may sue any one or more of the Grantora. If
<br />Borrower and Grantor are not the same peraon, Lender need not sue Borrower first, end that Borrower need not be
<br />joined in any lawsuit. (3) The names given to paragraphs 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 shall not be deemed to have waived any rights under this Assignment unless such
<br />waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right
<br />shall operate as a waiver of such right or eny other right. A waiver by Lender of a provision of this Assignment
<br />shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compiiance with that
<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 e waiver of any of Lender's rights or of eny of Grentor's obligations as to eny
<br />future transactions. Whenever the consent of Lender is required under this Assignment, the granting of such
<br />consent by Lender in any instence shall not constitute continuing consent to subsequent instances where such
<br />consent is required and in all cases such consent may be grented or withheld in the sole discretion of Lender.
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