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ASSIGNMENT OF RENTS 2 � 1 2 0 4 7� 0 <br />Loan No: 101253466 (Continued) <br />Pege 2 <br />not constitute Lender's consent to the use of cash collateral in a bankruptcy proceeding. <br />GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants thet: <br />Ownership. Grantor is entitled to receive the Rents free and clear of all rights, loans, liens, encumbrances, and <br />claims except as disclosed to and accepted by Lender in writing. <br />Right to Assign. Grantor hes the full right, power end euthority to enter fnto this Assignment and to assign end <br />convey the Rents to Lender. <br />No Pdor Assignmerrt. 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 wlll not seti, 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 et any time, and even though no <br />default shall have occurred under this Assignment, to collect end receive the Rents. For this purpose, Lender is hereby <br />given end granted the following rights, powers and authority: <br />Notice to Tenants. Lender may send notices to eny and all tenents of the Property advising them of this <br />Assignment and dlrecting all Rents to be paid directly to Lender or Lender's agent. <br />Enter the Property. Lender mey enter upon and take possession of the Property; demand, collect end receive from <br />the tenants or from eny other persons liable therefor, ell of the Rents; institute end carry on all legal proceedings <br />necessary for the protection of the Property, including such proceedings es mey 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 />Meintain the Property. Lender may enter upon the Property to maintain the Properry end keep the same in repair; <br />to pay the costs thereof and of all services of all empioyees, including their equipment, and of ell continuing costs <br />and expenses of maintainfng the Property in proper repair and condition, and aiso to pey all taxes, assessments end <br />water utilities, and the premiuma on flre and other insurance effected by Lender on the Property. <br />Compliance with Lewa. Lender may do any and all things to execute and comply with the laws of the State of <br />Nebraska and elso all other laws, rules, orders, ordinances and requirements of all other governmentel egencies <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 end on <br />such conditions as Lender may deem appropriate. <br />Employ Ager�ts. Lender mey 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 application of Rents. <br />Other Acts. Lender may do all such other things and acts with respect to the Property es Lender may deem <br />appropriate end may act exclusively and solely in the plece and stead of Grantor and to heve all of the powers of <br />Grentor for the purposes stated above. <br />No Requirement to Act. Lender shall not be required to do any of the foregoing acts or thinga, end the fact thet <br />Lender shall have performed one or more of the foregoing acts or things shall not require Lender to do any other <br />specific act or thing. <br />APPLICATION OF RENTS. All costa and expenses incurred by Lender in connection with the Property shall be for <br />Grantor's account and Lender may pay such costs and expenses from the Rents. Lender, in its sole discretion, shall <br />determine the application of eny and all Rents received by it; however, any such Rents received by Lender which are <br />not applied to such costs and expenses ahall be applied to the Indebtedness. All expenditures mede by Lender under <br />this Assignment and not reimbursed from the Rents shall become a pert of the Indebtedness secured by this <br />Assignment, and shall be payeble on demand, with interest at the Note rete from dete of expenditure until paid. <br />FULL PERFORMANCE. If Grantor pays all of the Indebtedness when due end otherwise performs all the obligations <br />imposed upon Grantor under this Assignment, the Note, and the Related Documents, Lender shell execute and deliver to <br />Grantor a suitable satisfaction of this Assignment end suiteble stetements of termination of eny financing stetement on <br />file evidencing Lender's security interest in the Rents end the Property. Any termination fee required by law shail be <br />paid by Grantor, if permitted by epplicable law. <br />LENDER'S EXPENDITURES. If eny action or proceeding is commenced that would materially affect Lender's interest in <br />the Property or if Grentor fails to comply with any provision of this Assignment or eny Related Documents, including but <br />not limited to Grentor's failure to discharge or pay when due any emounts Grentor is required to discharge or pey under <br />this Aasignment or any Related Documenta, Lender on Grantor's behalf may (but shall not be obligated to) take any <br />action that Lender deems appropriate, including but not limited to discharging or paying ell texes, liens, security <br />interests, encumbrances and other cleims, at any time levied or placed on the Rents or the Property end paying all costs <br />for insuring, mainteining end preserving the Property. All such expenditures incurred or paid by Lender for such <br />purposes will then bear interest et the rate cherged 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 and, at Lender's option, will (A) <br />be payabte on demand; (B) be edded to the balence of the Note and be apportioned emong and be payable wtth any <br />installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the <br />