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201208344
<br /> ASSIC;NNIENT OF I�EN'�S
<br /> Loan iVo: 8100'1387 (C011tlnued) Page 3
<br /> Events AfFecting Guarantor. Any of the preceding events occurs with respec4 to any Guarantor af any oP the
<br /> indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or Iiability
<br /> under, any Guaranty of the Indebtedness.
<br /> Adverse Chenge. A material adverse change occurs in Grantor's financi:al condition, or Lender believes the
<br /> prospect of payment or performance of the Indebtedness is impaired.
<br /> Insecurity. Lender in good faith believes itself insecure.
<br /> RIGHTS AND REMEDIES OIV DEFAULT. Upon the occurre�nce o�f any Event of Default and at any iime ihereafter, Lender
<br /> may exercise any one or more of the fol:lowing rights and remedies, in addition io any other rights or remedies provided
<br /> by law:
<br /> � Acceierate i.ndebtedness. Le�nder shall have the right at its option to dedare tne entire�� Indebtedness immediately
<br /> due and payable, including any prepayme�t penafty that Grantor wouid be required�[o pay_
<br /> Gollect Rents. Lender�shall have the right, without no�eice to G�anto��, to take possession of the Property and
<br /> collect the ReMs, induding amounts past due and unpaid, and apply the net proceeds, over and above Lender°s
<br /> costs, against the Indebtedness. In furtherance ofi this right, Lender shall have all the rights provided fior in tFe
<br /> Lender's RighY to Receive and Collect Rents Section, above. If the Rents are collected 6y Lender, then Grantor
<br /> irrevocably designates Lender as Grantor's attorney-in-fact to endorse instrum�ents received in payment Thereof in
<br /> the name of Grantor and to negotiate the same and collect the proceeds_ Payments by tenants or other users to
<br /> Lender in response to Lender's demand shall satisfiy the obligations for which the payments are made, whether or
<br /> not any proper grounds for the demand existed. Lender may exercise its righYs under this subparagraph either in
<br /> person, by agent, or through a receiver,
<br /> Other Remedies. Lender shall have all othe�r rights and remedies provided in this Assignrrtent or the Note or by
<br /> law.
<br /> Election of Remediesl Election by Lender to pursue any remedy shali not exclude pursuit of any o�C�er remedy, and
<br /> an�election to make expenditures or to take action to perform an obligation of Grantor under this AssignmenT, afiter
<br /> Grantor's fiailure to perform, shall not affect Lender's right to dedare a defaufC and exercise its remedies.
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any ofi the terms of this Assignment,
<br /> Lender shall be.entitled to recover such sum as the court may adjudge reasonable as attomeys' fees at trial and�
<br /> upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, alF
<br /> reasonable expenses Le�nder incurs that in Lender's opinion are necessary at any Yime for tne p:rotection of its
<br /> interest or the enforcement ofi its rights shall become a part of the Indebtedness payable on demand and shall bear
<br /> interest at the Note rate from the daYe of the expenditure until repaSd. Expenses covered by this paragraph include,
<br /> without limitation, however subject to any Iimits under applicabie law, Lender's attomeys' fees and Lender's legal
<br /> expenses, whether or noi there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceed4ngs �
<br /> (including efiforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated pastyudgment
<br /> collection services, the cost ofi searching records, nbtaining title reports (including foreciosure repo:ts), sueveyors'
<br /> reports, and appraisal fees, title insurance, and fees for the Ttustee,�to the extent permit[ed by applicable law.
<br /> Grantor also wii� pay any court costs,. in addition to all otfier sums provicled by iaw.
<br /> MISCELLANEOUS PiiOV1310NS.. The following misceilaneous provisions a�e a part ofi this Assignment:
<br /> Amendments. Tnis Assignment, Together with any Related Documents, consiitutes the entire understanding and
<br /> agreement of the parties as to the matters set forth in this Assignment No alteration of or amendmeni to this
<br /> Assignment shall be efifectivc unless given in writing and signed by the party or parties sought to be charged or
<br /> bound by tihe alteration 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 fhis Assignment.
<br /> Governing Law. This Assignment will be governed by federal law applica6le to Lender and, to the extent 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 6een accepteci by Lender in tiie State of Nebraska.
<br /> Choice of Venue. if the:e Is a iawsuit, Grantor agrees upon Lender's request to submii io the jurisdic+tion of the
<br /> courts oi Hall County, State of Nebraska.
<br /> Merger. There shali be no merger of the tnterest or estate created by this assignment with ar.y other interest or
<br /> estate in the Property at any time held by o�r for the benefiit of Lender in any capacity, witfiout the written consent
<br /> ofi Lender.
<br /> interpretation.. {�) In all cases where there is more than one Borrower or Grantor, [hen all words used in this
<br /> Assignment in the singular shall be deemed to have been used in the plurel where the context and construction so
<br /> require. (2) If more than one person signs.this AssignmenY as "Grantor," the obligations of each Grantor are joint
<br /> and several. This mea.ns 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[nat Borrower need noi he
<br /> joined in any lawsuit. (3} The names given to paragraphs or Sections in this Assiyrtment are for convenience
<br /> purposes only.They are not to be used to interprei or define the provisions of this Assignment_
<br /> No Wziver by Lender. Lender shai�l not be d.eemed to. have waived any rights under this Assignment uniess such
<br /> waiver is given in writlrtg and signed by Lender. No delay or omission on tfie part of Lender in exercisjng any right
<br /> shalf operate as a waiver ofi such right or any oYher right. A waiver 6y Lender ofi a provision af this Assignmens
<br /> shail �ot prejudice or consYitu'[e a waiver of Lender's right otherwise io demand strict complianee with that
<br /> provision or any other provosion ofi tl�is 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 ri�ghts or of any of Grantor's obligations as to�any
<br /> future transactions. Whenever the consent of Lender is required under this Assignment, the granting ofi such
<br /> consent by Lender�in any instance snall 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 discretion of Lender.
<br /> Notices_ Any notice required to be given under this AssignmenT shall be given in writing, and shall be effective
<br /> when actuaily delivered, when actually received by� telefacsimlle (unless otherwise required by law), when
<br /> deposited with a nationally recogrtized ovemight courier, or, if mailed, when.deposited in the Uni€ed States mail, as
<br /> first class, certified or registered ma:il postage prepaid, directed to ihe addresses shown near the beginning o'f this
<br /> Assignment. Any party may change its address fior notices under this Assignment by giving forma➢ written notice
<br /> to �he other parties, specifying that the purpose of the notfce is to change the ,par�y`s address. For notice
<br /> purposes,.� Grantor agrees Yo keep Le�der informed at ali times of Grantor's current �ddress. Uniess o�ci�.erwise
<br /> provided or required by law, if there is more� xhan one Grantor, any �otice given !�y Lender to any Grantor is
<br /> deemed to be notice given.to all Grantors.
<br /> Powers ofi Attorney. The vari�us agencies and powers of attorney conveyed on Lender under this Assignment are
<br /> granted for purposes of security and may not be revol<ed by Grantor until such time as ihe same are renounced by
<br /> Lender.
<br /> Severabelity. Ifi a court of competent jurisdiciion finds any provision of Yhis Assignment io be illegat, invalid, or
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