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Loan No: 7 01250991
<br />ASSIGNMENT OF RENTS
<br />(Continued)
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<br />Page 5
<br />Governing Law. This Asslgnment w111 be governed by federel law applicable to Lender end, to the extent not
<br />preempted by federal law, the laws of the Stete of Nebraske without regard to its conflicts of law provisions. This
<br />Assignment has been eccepted by Lender in the State of Nebraska.
<br />Cholce of Venue. If there is e lewsuit, Grentor agrees upon Lender's request to submit to the jurisdiction of the
<br />courts of Hall County, State of Nebraska.
<br />Jolnt and Several Liability. All obligetions of Borrower and Grantor under this Assignment shell be joint and
<br />several, and all references to Grantor shell mean each and every Grantor, and all references to Borrower shall mean
<br />each and every Borrower. This means that each Grentor signing below is responsible for all obligetions in this
<br />Assignment. Where any one or more of the perties is a corporation, partnership, limited liability company or similar
<br />entity, it is not necessery for Lender to inquire into the powers of any ot the officers, directors, partners, members,
<br />or other agents acting or purporting to act on the entiry's behelf, end any obligations made or created in reliance
<br />upon the professed exercise of such powers shall be guaranteed under this Assignment.
<br />Merger. There shall be no merger of the interest or estete created by this assignment 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. (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 have been used in the plural where the context and construction so
<br />require. (2) If more then one person signs this Assignment as "Grentor," the obligations of each Grantor are joint
<br />and severel. This means that if Lender brings a lawsuit, Lender may sue any one or more of the Grantors. If
<br />Borrower and Grantor ere not the same person, Lender need not sue Borrower first, end 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 shall not be deemed to have waived any rights under this Assignment unless such
<br />weiver 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 any 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 complience with that
<br />provision or any other provision of this Assignment. No prior weiver by Lender, nor any course of dealing between
<br />Lender and Grentor, shall constitute a waiver of eny of Lender's rights or of any of Grantor's obligations as to any
<br />future transactions. 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 and in all cases such consent mey be granted or withheld in the sole discretion of Lender.
<br />Notices. Any notice required to be given under this Assignment shall be given in writing, and shell be effective
<br />when actually delivered, when actually received by telefacsimile (uniess otherwise required by law1, when
<br />deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, es
<br />first class, certified or registered mail postage prepeid, directed to the eddresses shown near the beginning of this
<br />Assignment. Any party may change its address for notices under this Assignment by giving formal written notice
<br />to the other parties, specifying thet the purpose of the notice is to change the party's address. For notice
<br />purposes, Grantor agrees to keep Lender informed et ell times of Grantor's current address. Unless otherwise
<br />provided or required by law, if there is more than one Grantor, eny notice given by Lender to any Grantor is
<br />deemed to be notice given to all Grantors.
<br />Powers of Attorney. The various egencies and powers of attorney conveyed on Lender under this Assignment are
<br />granted for purposes of security and may not be revoked by Grantor until such time as the seme are renounced by
<br />Lender.
<br />Severability. If a court of competent jurisdiction finds any provision of this Assignment to be illegal, invalid, or
<br />unenforceable as to any circumstance, that finding shall not meke the offending provision illegal, invalid, or
<br />unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so
<br />that it becomes legal, valid and enforceable. If the offending provision cennot be so modified, it shall be
<br />considered deleted from this Assignment. Unless otherwise required by law, the illegelity, invalidity, or
<br />unenforceability of any provision of this Assignment shell not affect the legelity, validity or enforceability of any
<br />other provision of this Assignment.
<br />Successors and Assigns. Subject to any limitations stated in this Assignment on transfer of Grantor's interest, this
<br />Assignment shall be binding upon and inure to the benefit of the perties, their successors and assigns. If
<br />ownership of the Property becomes vested in a person other then Grantor, Lender, without notice to Grantor, may
<br />deal with Grantor's successors with reference to this Assignment and the Indebtedness by wey of forbearance or
<br />extension without releasing Grantor from the obligations of this Assignment or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this Assignment.
<br />Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead
<br />exemption laws of the Stete of Nebreska as to ell Indebtedness secured by this Assignment.
<br />DEFINITIONS. The following cepitalized words and terms shell have the following meanings when used in this
<br />Assignment. Unless specifically stated to the contrary, all references to dollar emounts shall mean amounts in lawful
<br />money of the United States of Americe. Words and terms used in the singular shall include the plurel, end the plural
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