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. 2012047�0
<br />" ASSIGNMENT OF RENTS
<br />Loan No: 101253466 (Cofltinued) Page 4
<br />en election to make expenditures or to take ection to perform en obligation of Grantor under this Assignment, after
<br />Grantor's failure to perform, shell not affect Lender's right to declare a default and exercise its remedies.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terma of this Assignment,
<br />Lender shall be entitled to recover such sum as the court may edjudge reasonable es attorneys' fees et trial end
<br />upon any appeal. Whether or not eny court ection is involved, end to the extent not prohibited by law, all
<br />reasonable expenses Lender incurs thet in Lender's opinion are necessary at any time for the protection of its
<br />interest or the enforcement of its rights shell become a pert of the Indebtedness payable on demand end shell bear
<br />interest et the Note rete from the date of the expenditure until repaid. Expenses covered by this peragraph fnclude,
<br />without Umitation, however subJect to eny Iimits under applicable law, Lender's attorneys' fees and Lender's legal
<br />expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for benkruptcy proceedinga
<br />(including efforts to modify or vacete eny automatic stay or injunction), appeals, and eny anticipated post judgment
<br />collection aervices, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors'
<br />reports, and appraisal fees, title insurance, end fees for the Trustee, to the extent permltted by applicable law.
<br />Grantor also will pay any court costs, in addition to all other sums provlded by lew.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Assignment:
<br />Amendmerits. This Assignment, together with any Related Documents, constitutes the entire understanding and
<br />egreement of the parties as to the metters set forth in this Assignment. No alteretion of or amendment to this
<br />Assignment shall be effective unless given in writing and signed by the party or perties sought to be charged or
<br />bound by the alteration or amendment.
<br />Caption Heedings. 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 governed by federal law applicable to Lender end, to the extent not
<br />preempted by federei law, the laws of the Stete of Nebraska without regerd to tts conflicts of law provisions. This
<br />Assignment has been accepted by Lender in the State of Nebraske.
<br />Choice of Venue. If there is e lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the
<br />courts of Hall County, State of Nebreske.
<br />Joint and Several Liability. All obligations of Grantor under this Assignment shall be joint and severel, end all
<br />references to Grantor shall mean each and every Grantor. This means that each Grantor signing below is
<br />responsible for all obligations in this Assignment.
<br />Merger. There shall be no merger of the interest or estete created by this assignment with eny other interest or
<br />estate in the Property at any tlme held by or for the beneflt of Lender in any cepacity, without the written consent
<br />of Lender.
<br />Interpretation. (1) In ell cases where there is more than one Borrower or Grentor, then all words used in this
<br />Asslgnment 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 es "Grantor," the obligations of esch Grantor are joint
<br />and several. This meens that if Lender brings a lawsuit, Lender mey sue any one or more of the Grantors. If
<br />Borrower end Grentor are not the same person, Lender need not sue Borrower first, end that Borrower need not be
<br />joined in any lewsuit. (3) The names given to paragraphs or sections in this Assignment are for convenience
<br />purposes only. They ere 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 />weiver is given in writing and slgned by Lender. No delay or omission on the pert of Lender in exercising any right
<br />shell operate as a waiver of such right or any other right. A weiver by Lender of a provision of this Assignment
<br />shall not prejudice or constitute e waiver of Lender's right otherwise to demand strict complience with that
<br />provision or eny other provision of this Assignment. No prior weiver by Lender, nor any course of dealing between
<br />Lender and Grantor, shall constitute e waiver of any of Lender's rights or of any of Grentor's obligetions as to eny
<br />future trensactions. 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 othervvise required by Iew1, when
<br />deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as
<br />first cless, certified or registered mail postage prepaid, directed to the addresses shown neer the beginning of thfs
<br />Assignment. Any party mey change ita address for notices under this Assignment by giving formal written notice
<br />to the other parties, specifying that the purpose of the notice is to change the party's address. For notice
<br />purposes, Grantor agrees to keep Lender informed at all times of Grentor's current address. Unless otherwise
<br />provided or required by law, If there is more than one Grentor, any notice given by Lender to any Grentor is
<br />deemed to be notice given to all Grantors.
<br />Powers of Attorney. The various agencies end powera of attorney conveyed on Lender under thia Assignment ere
<br />grented for purposes of security and may not be revoked by Grantor until such time es the same ere renounced by
<br />Lender.
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