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<br />ASSIGNMENT OF RENTS
<br />Loan No: 101253472 (Continued) Page 4
<br />Property and collect the Rents,including emounts pest due and unpaid, and epply the net proceeds, over and
<br />ebove Lender's costs, ageinst the Indebtedness. In furtherance of thfs right, Lender shell have all the rights
<br />provided for in the Lender's Right to Receive and Collect Rents Section, above. If the Rents are collected by
<br />Lender, then Grantor irrevocably designates Lender as Grentor's attorney-in-fact to endorse inatruments received in
<br />payment thereof in the neme of Grentor and to negotiate the same and collect the proceeds. Payments by tenants
<br />or other users to Lender in response to Lender's demend shell satisfy the obligationa for which the payments are
<br />made, whether or not any proper grounda for the demand existed. Lender may exercise its rights under this
<br />subparagraph e(ther (n person, by agent, or through e recetver.
<br />Other Remedies. Lender shall have ell other rights and remedies provided tn this Assignment or the Note or by
<br />law.
<br />Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and
<br />an election to make expend(turea or to take action to perform en obligation of Grantor under this Asaignment, efter
<br />Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or ection to enforce any of the terms of this Asaignment,
<br />Lender shall be entitled to recover such sum as the court may edjudge reasonable as attorneys' fees at trial and
<br />upon eny eppeal. Whether or not any court action ts involved, and to the extent not prohibited by law, all
<br />reasonable expenses Lender incurs that in Lender's opinion ere neceasary et any time for the protection of ita
<br />interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shell bear
<br />fnterest et the Note rate from the date of the expenditure until repeid. Expenses covered by this paragraph Include,
<br />without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal
<br />expenses, whether or not there fa a lewsuit, including ettorneys' feea end expenses for bankruptcy proceedings
<br />(including efforts to modify or vacate any automatic stey or injunction►, appeals, and eny enticipated post-judgment
<br />collection services, the cost of searching records, obteining title reports (including foreclosure reports), surveyors'
<br />reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by appl(cable law.
<br />Grantor also will pay eny 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 ent(re understend(ng and
<br />agreement of the perties as to the matters 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 perty or partiea sought to be charged or
<br />bound by the elteration or amendment.
<br />Captlon 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 Assignment.
<br />Governing Lew. This Assignment will be governed by federal law applicable to Lender and, to the extent not
<br />preempted by federal law, the laws of the State of Nebraske without regard to ks conflicts of law provisions. This
<br />Assignment has been accepted by Lender in the State 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 Liebiltty. All obligetions of Borrower end Grentor under this Assignment ahell be joint and
<br />several, and all references to Grantor shall mean each and every Grantor, and ell references to Borrower shall mean
<br />each end every Borrower, This means that each Grantor signing below is responsible for all obligations in this
<br />Assignment.
<br />Merger. There shall be no merger of the interest or estate created by this assignment with eny other interest or
<br />estate in the Property at any time held by or for the benefit of Lender in eny capacfty, without the written consent
<br />of Lender,
<br />Interpretation. (1) In ell cases where there is more than one Borrower or Grentor, then all worda 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 />and severel. 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 seme peraon, Lender need not sue Borrower firat, end that Borrower need not be
<br />joined in any lawsuit. 13) 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 any rights under this Aasignment unless such
<br />waiver is given in writing end signed by Lender. No delay or omission on the part of Lender in exerciaing any right
<br />shall operate as a waiver of such right or any other right. A waiver by Lender of a prov(sion of this Assignment
<br />shall not prejudice or constitute a wafver of Lender's right otherwise to demand strict compliance with thet
<br />provision or any other provision of this Assignment. No prior weiver by Lender, nor any course of dealing between
<br />Lender and Grantor, shell constitute a weiver of any of Lender's rights or of any of Grantor's obligations ea to eny
<br />future transactions. Whenever the consent of Lender is requfred under this Assignment, the grenting of such
<br />consent by Lender in any instence shall not constitute continuing consent to subsequent instances where such
<br />consent is required end In all ceses such consent mey be granted or withheld in the sole dlscretion of Lender.
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