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201206367
<br /> ASSIGNMENT OF RENTS
<br /> Loan No: 8900'1024 (Continued) Page 3
<br /> may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided
<br /> by law:
<br /> Accelerate Indebtedness. Lender sha❑ have the right at its oPtion to declare the entire Indebtedness immediately
<br /> due and payable, including any prepayment penalty that Gtantor would be required to pay.
<br /> Collect Rents_ Lender shall have the right, without notice to Grantor, to take possession of the Property and
<br /> collect the Rents,. induding amounts pasi due and unpaid, and apply the net proceeds, over and above Lender'S
<br /> costs, against the Indebtedness. In furtherance of this right, Lender shall have all the rignts provided for in the
<br /> Lender's Right to Receive and Coliect Rents Section, above. Ifi the Renis are collected by Lender, then Grantor
<br /> irrevocably designates Lender as Grantor`s attorney-in-fact to endorse instruments received in payment theteof in
<br /> tne name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or otner users to
<br /> Lender in response to Lender's demand shall satisiy the obligations for which the payments are made, whether or
<br /> not any proper grounds for Yhe demand existed. Lender may exercise its rights under this su6paragraph eitner in
<br /> person, by agent, or through a receiver.
<br /> Other Remedies. Lender sha❑ have all other rights and remedies provided in this Assignment or the Note or by
<br /> Iaw.
<br /> Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuii of any other remedy, and
<br /> an election to make expenditures or to take action to perform an obligaiion of Grantor under this Assignment, after
<br /> Grantor's fiailure to perform,shall not affect Lender's right to dectare a default and exercise its remedies.
<br /> Attorneys' Fees.. Expenses. If Lender institutes any suii or action 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 any court action is involved, and to the extent not prohibited by law, all
<br /> reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for Yhe protection of its
<br /> interest or the enforcement of its rights shall become a parc of the Indebtedness payable on demand and shall bear
<br /> interes#at the Note rate firom the date ofi the expenditure until repaid. Expenses covered by this paragraph indude, �
<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 is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br /> (includ�i�ng efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment
<br /> collection services,.the cost of searching records, obtaining title reports (including foreclosure reports), surveyors'
<br /> reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law.
<br /> Grantor also will pay any court costs, in addition to aIl 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 parties as to the matters set fiorth 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 alteration or amendment.
<br /> Caption Headings� Caption headings in this Assignment are fior convenience purposes only a�d are not to be used
<br /> to interpret or define the provisions of this Assignment.
<br /> Governing Law. This Assignment will be governed by federat law appticable io lender and, to the e�ctent not
<br /> preempted by federat law.the Iaws of the State of Nebraska without regard to its conflicts of law provisions. This
<br /> Assegnment has been accepted by Lender in the State of Nebraska_
<br /> Choice o#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 /> Merger.: There shall be no merger of the interest or estate created by this assignment with any other interest or
<br /> esYate in the Property at any time held by or for the benefit of Lender in any capacity, without Yhe written consent
<br /> of Lender.
<br /> Interpretateon. (1) In all cases where there is more than one Borrower or Grantor, then all words used in this
<br /> Assignment in tne singufar 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 tnis Assignment as "Grantor," tne obligations of eacn Grantor are joint
<br /> and several_ This means that if Lender brings a lawsuit, Lender may sue any one or more� of the Grantors. If
<br /> Borrower and Grantor are not the same person, Lender need not sue Borrower first, and that Borrower need not be
<br /> joined in any lawsuit. (3) The names given to paragraphs or sections in this Assignment are for convenience
<br /> purposes only.They are not to be used to interpret or define the provisions ofi this Assignment_
<br /> No Waiver by Lender. Lender shall not be deemed to have waived any rights undet this AssignmeM unless such
<br /> waiver is given in writing and signed by LendeY. No delay or omission on tne part of Lender in exercising any right
<br /> shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Assignment
<br /> shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that
<br /> provision or any other provision ofi this Assignment. No prior waiver by Lender, nor any course of dealing between
<br /> Lender and Grantor, shall constitute a waiver of any of Lender's rignts or of any of Grantor's obligations as to any
<br /> tuture transactions. 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 may be granted or withheld in the sole discretjon of Lender.
<br /> Notices_ Any notice required to be given under this Assignment shall be given in. writing, and shall be effective
<br /> when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when
<br /> deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as
<br /> first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this
<br /> Assignment. Any party may change its address for notices under this Assignment by givi�ng formal written notice
<br /> to the other parties, specifying that the putpose ofi the notice is to change the party's address- For notice
<br /> purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise
<br /> provided or required by Iaw, if there is more than one Grantor, any notice g�iven by Lender to any Grantor is
<br /> deemed to be notice given to all Grantors.
<br /> Powers of Attorney_ The various agencies a�d powers of�attorney conveyed on Lender under this Assignment are
<br /> granted for purposes of security and may not be revoked by Grantor until such time as the same are renounced by
<br /> Lender.
<br /> Severability. If a court of competent jurisdiction finds any provision of this Assignment to be illegal, invalid,. o�
<br /> unenforceable as to any circumstance, thai finding shall not make the offending provision illegal, invalid, or
<br /> unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so
<br /> that it becomes legal, va4id and enforceable. If the offending provision cannot be so modified, it shall be
<br /> considered deleted from this Assignment. Uniess otherwise required by law, the illegality, invalidity, or
<br /> unenfiorceability of any provision of this Assignment shall not affect the legality, validity or enforceability ofi any
<br /> other provision of this Assignment.
<br /> Successors and Assigns. Subject to any limitations stated in this Assignment on transfer of Grantor's interest,this
<br /> Assignment sha❑ be binding upon and inure to the benefiit of the parties, their successors and assigns. If
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