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<br />Loan No: 101254750 ASSIGN Contin ed)RENTS 2 p 12 0 5 5 2� page 4
<br />cured if Grantor, after Lender sends written notice to Borrower de,mernding cure of such default: (1) cures the
<br />default within fifteen (16) days; or (2) if the cure requirea more than fiiteen (15) days, immediately initiatea steps
<br />which Lender deems in Lender's sole discretion to be sufficient to oure the default and thereafter continues end
<br />completes all reasonable end necessary steps sufficient to produce Gompliancp as soon es reasonably practical.
<br />RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Everlt of Default end at any time thereafter, Lender
<br />may exercise eny one or more of the following rights and remedies, in edditfon to any other rights or remedies provided
<br />by law: �'
<br />Accelerate Indebtedness. Lender shall heve the right at its option to declare the entire Indebtedness immediately
<br />due and payable, including any prepayment penalty thet Borrower would be required to pay.
<br />Collect Rents. Lender shall have the right, without notice to Borrower or Grantor, to take possession of the
<br />Property end collect the Rents, including amounts past due and unpaid, end apply the net proceeds, over and
<br />above Lender's costs, egainst the Indebtedness. In furtherence of this right, Lender shall have all the rights
<br />provided for in the Lender's Right to Receive end Collect Rents Sect(on, above. If the Rents are collected by
<br />Lender, then Grantor irrevocably deaignates Lender es Grentor's attotney-in-fact to endorse instruments received in
<br />payment thereof in the name of Grantor a�td to negotiate the same and collect the proceeds. Payments by tenants
<br />or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are
<br />made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this
<br />subparagraph either in person, by agent, or through a receiver.
<br />Other Remedies. Lender shell have all other rights and remedies provided in this Assignment or the Note or by
<br />law.
<br />Election of Remedies. Election by Lender to pursue any remedy shell not exclude pursuit of eny other remedy, and
<br />an election to make expenditures or to take action to perform an obligation of Grantor under this Assignment, after
<br />Grantor's failure to perform, shell not affect Lender's right to declare e default and exercise its remedies.
<br />Attorneys' Fees; Expenses. If Lender institutes arty suit or actian to enforce any of the terms of this Assignment,
<br />Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and
<br />upon any appeal. Whether or not eny court action is involved, ertd to the extent not prohibited by law, all
<br />reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
<br />interest or the enforcement of its rights shall become e part of the Indebtedness payable on demend and shall bear
<br />interest at the Note rate from the date of the expenditure until repaiii. � Expenses covered by this paragreph include,
<br />without limitation, however subject to any limits under applfcable IavV�,' Lender's attorneys' fees and Lender's legal
<br />expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br />(including efforts to modify or vacate eny automatic stey or injunctio�l,,'.appeals, and any anticipated post-judgment
<br />collection services, the cost of searching records, obtaining title rep,or�s (including foreclosure reports►, surveyors'
<br />reports, and appraisal fees, title insurence, and fees for the Trustes� to the extent permitted by applicable law.
<br />Grantor elso will pay any court costs, in addition to all other sums proVided by law.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Assignment:
<br />Amendments. This Assignment, together with any Related Documents, constitutes the entire understanding and
<br />agreement of the perties as to the matters set forth in this Assignment. No alteration of or amendment to this
<br />Assignment shall be effective unless given in writing and signed by the party or parties sought to be charged or
<br />bound by the elteration or amendment.
<br />Caption Headings. 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 Assignmeht.
<br />Governing Law. This Assignment will be governed by federal law applicable to Lender and, to the eutent not
<br />preempted by federal law, the laws of the State of Nebraska without regard to Its confiicts of law provisions. This
<br />Assignment has been accepted by Lender in the State of Nebraska.
<br />Choice of Venue. If there is a lewsuit, 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 Ltability. All obligetions of Borrower end Grantor under this Assignment shall be joint and
<br />several, and all references to Grentor shall meen each and every Grantor, and all references to Borrower shall mean
<br />each end every Borrower. This means that each Grantor signing below is responsibie for all obligations in this
<br />Assignment. Where any one or more of the parties is a corporation, partnership, limited liability company or similar
<br />entity, it is not necessery for Lender to inquire into the powers of any of the officers, directors, partners, members,
<br />or other agents acting or purporting to ect on the entity's behelf, and any obligatians made or created in reliance
<br />upon the professed exercise of such powers shall be guaranteed under this Asaignment.
<br />Merger. There shall be no merger of the interest or estate created by this assignment with any ather interest or
<br />estete in the Property at any time held by or for the benefit of Lendet in eny capacity, without the written consent
<br />of Lender. •,,y
<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 shali be deemed to have been used in the plural where the context and construction so
<br />require. (2) If more than one person signs thfs Assignment as; "Grantar,'" the obligetions of each Grantor are joint
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