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<br /> ,�SS�GNMEIVT �� REIU7`S
<br /> Loan IVn: 81td01024 {Con$irtued� Page 3
<br /> may exercise any one or mnre Of th2 f0llowing rights and remedies,]n addition Ya any other rights or remeciieS prnvided
<br /> by PBw:
<br /> Accelerate Indehtedness. Lender shalt have the right at its option xo dec[are the entire[ndebYectness immediately
<br /> due and payable,inCludCng any prepaymeni pena(ty that Graniar wou(d be required to pay.
<br /> Collect Rerrts. Lender shal[ ha�e the right, withoui n�iice to Grar�tnr, tn take possession of the Prvperty and
<br /> collect the Rents,including gmpunts past due and unpaid,and apply Yhe net proc.eeds,over ahd above Lender"s
<br /> costs, agair�st the Indebted�ess. ln furtherance of ihis right, Lender shali have al[the rights prnvided for in tfie
<br /> Lertder's Right to Receive and Colfect Renis Section,above. ]f the RenUg are eollected by Lender,then Grantor
<br /> irrevocably designates Lender as Grantor's attomey-in-fact to endorse insvuments received in p3ym�nt thereof in
<br /> the name of C�rantor and to negotiate the same and colleet the proceeds. payments by tenants ar othsr users to
<br /> Lender in response to Lender`s demand sha11 satisfy the o63igations fQr which the payments are made,whether or
<br /> nat any proper grounds for the demand existed. Lender mey�xerctse ifs rights under this subparagraph either in
<br /> petson,by agent,or through a receiver.
<br /> CTther Iiemedies. Lender shatl have aI]other rights and remedies pYovided in this Assignmeni or fihe Nate or by
<br /> law.
<br /> Election of ftemedies. Election by Lendar to pursue any remedy shaf]not exolude pursuii of any other ramedy,and
<br /> an election to make expenditufes or to take action to perfarrrt an nbligatian ofi Grantor�nder this Aesignment,after
<br /> Grantnr's fzilure tn perform,shall no2 aifecT Lender's right to declare a defauit and exercise its re€nedies.
<br /> Attorneys"Fees;Expenses. If Lender insYitute5 any 5caii br action to en€orce any of the tArms af t 's ssignme�t,
<br /> Lender shall lae entitled to recover such sum as the court may adjudge reasonable as attorna f�t trigl end
<br /> upon any appeal. Whether or not any Court action is inv€rlvad, and to tF�e eactent not p€�d y law, aI]
<br /> rea5onabEe expenses Lender inc�rs that dn Lec�der's opinion are necessary at any time protec2ion of iEs
<br /> inte€est or the enforcement of its rights shall become a part of the Indebtedness payable �nd and sha[I bear
<br /> 'rnYeresY ati the Nnfe rate firom the date of the expenditure until repaid, EYpenses covere is paragraph inctude,
<br /> without limitatiorz,however subjeet ta any timits ut2der applicahle law,Lender's att�s ees and LAnder's legal
<br /> expenses�whether or not there is a lewsuit, including attomeys'fees and e� s r bankruptcy proceedings
<br /> (including efForts to modEfy or vacate any autamatic sta}�or injunetion),appea]s, d ny antEcipated ppst-�udgment
<br /> G0112Ctitln S2rv'rC�s,Yhe cosY nf 5earching records,abtaining tiY3e reports Gncluding oeeclosure repoRsi,surveyors'
<br /> reports, and appraisai fees,titls insurertce, and fees fQr 2he"C�rustee,to e extent permitted Isy appltcabie law,
<br /> Grantnr e(so will pay eny cnurt costs,in addition to a[[other sums pravid (aw.
<br /> INISCELLANEOUS PROY[510N5, The fiollowing miscellaneous provisions�p of this Assignment
<br /> Amendments. This Assig�rr€ent,tagether with any Re[ated caments,consTituYes the entire unda[standing and
<br /> agreemeni of tlia part'res as�.to Yhe ms'CYeYs SeY forth in this nment. No alteration of or amendment to thi5
<br /> Rssignmerrt shall be effective unless given in writing and� by the party or parties sought to be cfiarged or
<br /> b�und by the a[teratian or amendmenY.
<br /> Cep#ion Headings. Cap2i��headings in ihis Assig�m�e for cor�venience purposes orc[y a�d are not to be used
<br /> to interpret or define the prr�visitln5 tlf this ASSignOiMt.
<br /> Governing Law. TFsts Assignmerrt wi11 be �ed 6y federal lew zpplicaBle tn�Lender and,to the e�ctenE not
<br /> preempted by t�:deral I�w,Yh�laws of tl7e S�t Nebraska wiYhau'E regard tv ifs conflict5 af law provisions. This
<br /> Assignment has been accepted by Lenderl_�e State of Nebraska_
<br /> Choice of Venue. If there is a Iaws �t, Grantor agrees upan Lender's request to submii ta the jur€sdiction of the
<br /> courts of Hall County,State af Ne ska.
<br /> Fllerger. There shall be no m of the inierest ar estate created by Yhis assignment with any�ther inYerest or
<br /> estate in the Praperty at an held by or for the benefit nf Lendet in any capacity,without the weEtten consent
<br /> of Lender.
<br /> interpretation. (1} r�ases where there is mo�e tlian one Borrower or Grantor,then a!P vssords used in tfils
<br /> Assigrcment in the n sha[[be deemed to have been used in the plural where fhe context and construcxion sn
<br /> :equire. i2) If� an one person signs this Assignment as"Grantor,"the obligations of each G�antor are jaint
<br /> anci several. T eans that if Lender 6rings a lav�rsuit, Lender may sue any one or more of the Granmrs. If
<br /> Bnrrower a antnr afe nat the Same person,Lender need nat s�e Borrower first,and that Bo.rrower need not be
<br /> jo�ned i suit. (3) The names given to paragraphs or sections in this Assignment are for conuenience
<br /> purpose y.Tt�ay are not to be used to interpret or define the p��visions qf thEs Assignment.
<br /> No Wsi�er hy Lender. Lendar shall rtot t�e deemecE to have waived any rights under 2his ttssignment uniess s�ch
<br /> waiver is given in writing and signed by Gencter. No de(ay or omission on the parT of�ender in exercising any right
<br /> s}iaLl operate as a waiver af s.c�ch right or any other right. R waiver by Lender of a provision of this Assignment
<br /> shall not prejudiee or consYitute a waiver of Lender"s right otherwise to demand strict campiiance with Yhat
<br /> provision or any other provisian of th3s Rssignment. No prior waiver by Lender,nor any course of dealing beYween
<br /> Lander arid Grantor,shell eonstitute a waiver of any of Lender"s rights or of arty of GrantoPs abligatians as to any
<br /> future transactions. Whenever the consent of Lender is reqccired under this Ass3gnment, the grancing afi sucEi
<br /> cansent by Lender in any instance shall not censtitute continuing cansent to subsequent instances wl�ere such
<br /> cansent is required and in all cases such consent may 6e granted or wlthheld in the sole discretion af Lender.
<br /> MoYiaes. Any natice required to be given�nder this AssignmanY shal!be given in writ'rng,�nd shall be effeCCiVe
<br /> wfien ectualfy delivered, when aetus[ly teceived by telefacsimile (unless otherwise required by law}, when
<br /> deposited with a r2aiionally recognized overn'rght courier;or,if mai(ed,when deposited 3.n the lJnited States mail,as
<br /> first class,certiffed or regtstered mail posCage prepaid,directed to the addresses shown near Ehe beginning afi this
<br /> Assignment. Any party may change its address for notiees undet this Assigamene by giving forma[written notice
<br /> ta the other parties, speeifyfng that the purpose ofi the natice is to change the party's addre5s. For riotice
<br /> purposes, Grantor agrees to ksep Lender informerJ ac aIl tirr�es ofi Grantar's current address. Un[ess otherwise
<br /> provided or required by law, if tFtere is more than one Grantor, any notice given by Lender to any Grantar is
<br /> deemed#o be r�otice given fo aE[Grantors. �
<br /> Fowers Of Attorney. The varinus agen�les and pnwet's of attomey conveysd on Lender under this Rssignment are
<br /> granted for purposes of secunty and may noY be revoked by Granfor untii such time as the same are renouneed by
<br /> Lender.
<br /> Severability, If a court of campetent jurisdiction finds any provision of this Assignmerrt to be iilegair invelid,or
<br /> unenforceable as to any circumstance, that findin� sha[I not make the offending provision i[Iegal, invalid, or
<br /> unenforceab9e as�o any other cireumstance. Ef feasEbie,the offending provision shal[6e cansiderad modified so
<br /> that it becomes lega[, valid and enf�rceable. If the affending pravision cannat 4e so modified, it shalf be
<br /> considered dePeted from this Assignment. Unless otherwise required by law, the illegallty, 3nvalidity, ar
<br /> �nenforceability of any p€ovision of this Rssignrnent shall �at affect the legality,vatld�ty or enforcea4ility oY any
<br /> other provisian of this Assignment.
<br /> 5uccessors end�Ass'vgns. SUbjeci ta any[tmltatiorts siated in this Assignment on transfer of GrgnTar's inter25Y,this
<br /> Assignment shal] ba binding upon and inure to the benefit of the parties, their successors and assigns. If
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