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�il ii' Loan No: 101254750 ASSIGNContin 2 0� 2 O�J 5`� � Page 2 AND ALL OBLIGATIONS OF BORROWER AND GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS. THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other law which may prevent Lender from bringing any ection against Grantor, including e claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure ection, either judicially or by exercise of a power of sale. BORROWER'S WAIVERS AND RESPONSIBILITIES. Lender need not tell Borrower about any action or inaction Lender takes in connection with this Assignment. Borrower assumea the responsibility for being and keeping informed ebout the Property. Borrower waives any defenses that may erise beceuse of eny action or inaction of Lender, including without limitation any failure of Lender to realize upon the Property, or any delay by Lender in realizing upon the Property. Borrower agrees to remein liable under the Note with Lender no matter what action Lender takes or fails to take under this Assignment. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Assignment or any Related Documents, Grantor shall pay to Lender all amounts secured by thia Assignment as they become due, and shell strictly perform all of Grantor's obligations under this Assignment. Unless and until Lender exercises its right to collect the Rents as provided below and so long as there is no default under this Assignment, Grantor may remain tn possession and control of and operate and manage the Property and collect the Renta, provided that the granting of the right to collect the Rents shall not constitute Lender's consent to the use of cash collateral in a bankruptcy .proceeding. GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants tl�at: Ownership. Grantor is entitled to receive the Rents free and clear�ot all rights, loens, liens, encumbrances, and claims except as disclosed to and accepted by Lender in writing. ,,., Right to Assign. Grentor has the full right, power and authority to entAr into this Assignment end to assign end convey the Rents to Lender. .• No Prior Assignment. Grantor has not previously essigned or conveyed the Rents to eny other person by any instrument now in force. No Further Transfer. Grantor will not sell, assign, encumber, or otherwise dispose of any of Grantor's rights (n the Rents except as provided in this Assignment. LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS. Lender shall have the right at any time, and even though no default shall have occurred under this Assignment, to collect and receive the Rents. For this purpose, Lender is hereby given and granted the following rights, powers and authority: Notice to Tenants. Lender may send notices to any and all tenents of the Property edvising them of this Assignment end directing ell Rents to be paid directly to Lender or Lender's agent. Enter the Property. Lender may enter upon end take possession of fhe. Property; demand, collect and receive from the tenants or from any other persons Ueble therefor, all of the Rents; institute and carry on all legal proceedings necessary for the protection of the Property, including such proceedings as may be necessary to recover possession of the Property; collect the Rents and remove any tenant or tenants or other persons from the Property. Maintein the Property. Lender may enter upon the Property to meintain the Property end keep the same in repeir; to pay the costs thereof and of all services of all employees, including their equipment, and of all continuing costs and expenses of maintaining the Property in proper repair and condition, and also to pay ell texes, assessments end water utilities, and the premiums on fire and other insurance effected by Lender on the Property. Compliance with Laws. Lender may do any and all things to execute and comply with the laws of the Stete of Nebraska and also all other laws, rules, orders, ordinances and requirements of etl other governmentel agencie9 affecting the Property. ! Lease the Property. Lender may rent or lease the whole or any part the Property for such term or terms and on such conditions as Lender may deem appropriate. Employ Agents. Lender may engage such agent or agents as Lender may deem appropriate, either in Lender's name or in Grantor's name, to rent and manage the Property, including the collection and epplication of Rents. Other Acts. Lender may do all such other things and acts with respect to the Property as Lender may deem appropriate and may act exclusively and solely in the place and stead of Grantor and to have all of the powers of Grantor for the purposes stated above. No Requirement to Act. Lender shall not be required to do any of the foregoing acts or things, and the fact that Lender shall have performed one or more of the foregoing acts or things shall not require Lender to do eny other specific act or thing. APPLICATION OF RENTS. All costs and expenses incurred by Lender in connection with the Property shell be for Grantor's account and Lender may pay such costs and expenses from the Rents. Lender, in its sole discretion, shall determine the application of any and all Rents received by it; however, eny such Rents received by Lender which are not applied to such costs and expenses shall be applied to the Indebtedness. All expenditures made by Lender under this Assignment and not reimbursed from the Rents shall become a part of the Indebtedness secured by this �