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2012����� <br />ASSIGNMENT OF RENTS <br />(Continued) Page 2 <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 tha following rights, powers and authority: <br />Nottce to Tenants. 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 />F.nter the Property. Lender may enter upon and take possession of the Property; demand, collect and receive from <br />the tenents or from any other persons liable therefor, all of the Rents; institute end cam/ on ail legel proceedings <br />necessary for the protection of the Property, including such proceedings as may be necessary to recover <br />possassion of the Property; collect the Rents and remove any tenant or tenants or other persons from the Property. <br />Mairrtain ffie Property. Lender may enter upon the Property to maintain the Property and keep the same in repair; <br />to pay the costs thereof and of all ssrvices of all employees, including their equipment, and of all continuing costs <br />end expenses of ineintaining the Properry in proper repair and condition, and also to pay all taxes, assessments and <br />water utilities, and the premiums on fire and other insurance effected by Lender on the Property. <br />Compliance with Laws. Lender may do any and all things to execute and comply with the laws of the State of <br />Nebraska end elso all other laws, rules, orders, ordinences end requirements of all other governmental agencies <br />affecting the Property. <br />Lease the Property. Lender may rent or lease the whole or any pert of the Property for such term or terms and on <br />such conditions as Lender may deem approp�iate. <br />Employ AgeMs. Lender may engage such agent or egents 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 and applicetion of Rents. <br />Other p►cts. Lender may do all such other things and acts with respect to the Property as Lender may deem <br />appropriate and may act exclusively end solely in the place and stead of Grentor and to have all of the powers of <br />Grantor for the purposes stated above. <br />No Requirement to Act. Lender shall not be required to do any of the foregoing acts or things, and the fact that <br />Lender shall have performed one or more of the foregoing acts or things shali 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 uvith the Property shali be for <br />Grantor's account end Lende� may pay such costs and expenses from the Rents. Lender, in its sole discretion, shall <br />determine the application of any and all 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 shell be payable on demand, with interest at the Note rate ftom date of expenditure until paid. <br />FULL PERFORMANCE. If Grantor pays all of the Indebtedness when due and otherwise performs all the obligations <br />imposed upon Grantor under this Assignment, the Note, end the Related Documents, Lender shal{ execute and deliver to <br />Grantor a suitable satisfaction of this Assignment and suitable statements of termination of any financ(ng statement on <br />flle evidencing Lender's security interest in the Rents and the Property. Any termination fee required by law shall be <br />paid by Grantor, if permitted by epplicable law. <br />LENDER'S EXPENDffURES. If any action or proceeding is commenced that would materially affect Lender's interest in <br />the Property or if Grantor fails to comply with any provision of this Assignment or any Refated Documents, including but <br />not limited to Grantor's failure to discharge or pay when due any amounts Grentor is requirad to discharge or pay under <br />this Assignment or any Releted Documents, Lender on Grantor's behalf iney lbut shall not be obligated to) tatce any <br />action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security <br />interests, encumbrances end other claims, at eny time levied or placed on the Rents or the Property and paying all costs <br />for insuring, maintaini�g and preserving the Property. All such expenditures incurred or paid by Lender for such <br />purposes will then bear interest et 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 end, at Lender's option, wiil (A) <br />be payable on demand; 1B) be added to the balance of the Note and be apportioned among and be payable with any <br />installment payments to become due during aither (1) the term of any epplicable insurance policy; or (2) the <br />remaining term of the Note; or lC1 be treated as a balloon payment wrhich will be due end payable at the Note's <br />maturity. The Assignment also will secure payment of these amounts. Such right shall be in addition to all other rights <br />and remedies to which Lender may be entitled upon Defauit. <br />DEFAULT. Each of the tollowing, at Lender's option, shall constitute an Event of Default under Yhis Assignment: <br />Paymerrt Defauk. Grentor fails to make any payment when due under the Indebtedness. <br />dther Defaults. Grantor fails to comply with or to perform eny other term, obligation, covenent or condition <br />contained in this Assignment or in any of the Related Documents or to comply with or to perform any term, <br />obligation, covenant or condition conteined in any other agreement between Lender and Grantor. <br />Default on Other Paymerrts. Failure of Grantor within the time required by this Assignmant to make any payment <br />for taxes or insurance, or any other payment necessary to prevent filing of or to effect d(scharge of any lien. <br />Environmerrtai Defeult. Failure of any party to comply with or perform when due any term, obligetion, covenant or <br />�� <br />