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<br />ASSIGNMENT OF RENTS 2 012 0 ��� �
<br />Loan No: 101251582 (Continued) Page 4
<br />interest or the enforcement of its rights shall become a part of the Indebtedness payable on demend end shall bear
<br />interest at the Note rate from the date of the expenditure until repeid. Expenses covered by this paragreph include,
<br />without limitation, however subject to any Iimits under applicable law, Lender's ettorneys' fees end Lender's legal
<br />expenses, whether or not there is a lewsuit, including attorneys' fees and expenses for benkruptcy proceedings
<br />(including efforts to modify or vacete eny automatic stay or injunction►, appeals, and any anticipeted post-judgment
<br />collection services, the cost of searching records, obteining title reporta (including foreclosure reportsl, surveyors'
<br />reports, end appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by appliceble lew.
<br />Grantor also will pay any court costs, in addition to all other sums provided by lew.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Assignment:
<br />Amendments. This Assignment, together with any Releted Documents, constitutes the entire understending 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 unlesa given in writing and signed by the party or perties sought to be charged or
<br />bound by the alteration or amendment.
<br />Caption Headings. Caption headings in this Assignment are for convenience purposes only end are not to be used
<br />to interpret or defina the provisions of this Assignment.
<br />Qoverning Law. This Assignment will ba governed by federal law applicable to Lender end, to the extent not
<br />preempted by federal law, the laws of the State of Nebraska without regard to Its conflicts of law provisions. This
<br />Assignment hes been accepted by Lender in the Stete of Nebraska.
<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 Hall County, State of Nebraska.
<br />Joint and Several Liabiltty. All obligations of Grentor under this Assignment shall be joint and severel, and all
<br />references to Grantor shall mean each end every Grantor. This means that eech Grantor signing below is
<br />responsible for all obligations in this Assignment.
<br />Merger. There shall be no merger of the interest or estate created by this assignment with any other interest or
<br />estate in the Property at any 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 than one person signs this Assignment as "Grantor," the obligations of each Grantor are joint
<br />end several. 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 firat, and 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 eny 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 eny 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 />shell not prejudice or constitute a waiver of Lender's right otherwise to demend strict complience with that
<br />provision or eny 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 Grantor's obligations as to any
<br />future transections. 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 ell ceses such consent may be granted or withheld in the sole discretion of Lender.
<br />Notices. Any notice required to be given under thfs Assignment shall be given in writing, and shall be effective
<br />when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when
<br />deposited with e nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as
<br />first class, certified or registered mail postage prepeid, directed to the addresses shown near the beginning of this
<br />Assignment. Any party mey change its addreas for notices under this Assignment by giving formel written notice
<br />to the other parties, specifying that the purpose of the notice ia to change the party's eddress. For notice
<br />purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise
<br />provided or required by law, if thare is more than one Grantor, any notice given by Lender to any Grantor is
<br />deemed to be notice given to ell Grantors.
<br />Powers of Attorney. The various agencies end powers of ettorney conveyed on Lender under this Assignment are
<br />granted for purposes of aecurity and may not be revoked by Grantor until such time es 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 person or circumstance, that flnding shall not make the offending provision illegal, invalid,
<br />or unenforceable as to any other person or circumstence. If feasible, the offending provision shall be considered
<br />modified so that it becomes legal, valid end enforceable. If the offend(ng proviaion cannot be so modified, it shell
<br />be considered deleted from this Assignment. Unless otherwise required by law, the illegality, invalidity, or
<br />unenforceability of any provision of this Assignment shall not affect the legality, velidity or enforceability of eny
<br />other provision of this Asstgnment.
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