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�U120�4�0 ASSIGNMENT OF RENTS Loan No: 101257690 (C0�1tirlued) Page 2 or Grantor whether or not the edvances are made pursuant to a commitment. Specifically, without limitation, this Assignment secures, in addition to the emounts specified in the Note, all future amounts Lender in Its discretion may loan to Borrower or Grantor, together with all interest thereon. TWIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENt OF THE INDEBTEDNESS AND (2) PERFORMAIVCE OF ANY AND ALL OBLIGAtIONS OF BORROWER AND GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS. TWIS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR'S WAIVERS. Grentor waives all rights or defenses erising by reason of any "one ection" or "anti-deficiency" law, or any other law which may prevent Lender from bringing any ection ageinst Grantor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement or completion of eny foreclosure action, either judicially or by exercise of a power of sale. BORROWER'S WAIVERS AND RESPONSIBILITIES. Lender need not tell Borrower about any action or tnaction Lender tekes in connection with this Assignment. Borrower assumes the reaponsibility for being and keeping informed about the Property. Borrower waives any defenses that may arise because of eny actiorl or inaction of Lender, including without limitation any failure of Lender to real(ze upon the Properry, or any delay by Lender in realizing upon the Property. Borrower egrees to remain liable uAder the Note with Lender no matter wNat action Lender takes or fails to take under this Assignment. , ; PAYMENT AND PERFOFiMANCE. Except as otherwi�e provfded in this Assignment or any Related Documents, Grantor shell pey to Lender all amounts secured by this Assignment es they becorne due, and shall strictly perform all of Grentor's obligetions under this Assignment. Uniesa end until Lender exercises its right to collect the Renta as provided below end so long as there is no default urtder thia Assignment, Grantor r1�ay remain in possession and control of and operate and manage the Property and collect the Rents, provided that the grenting of the right to collect the Rents shall not constitute Lender's consent to the use of cash collateral in a bankruptcy proceeding. GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grentor warrants that: Ownership. Grantor is entitled to receive the Renta free and clear of all rights, loans, liens, encumbrances, and claims except as disclosed to and accepted by Lender in writing. Right to Assign. Gra�ltor hes the full right, power and authority to enter into this Assignment and to essign and convey the Rents to Lendar. No Prior Assignment. Grantor has not previously assigned or conveyed the Rents to any other person by any instrument now in force. No Further Trensfer. Grantor will not sell, assign, encumber, or otherwise dispose of any of Grantor's rights in the Rents except as provided in this Assignment. LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS. Lender shell have the right at eny time, and even though no default shall have occurred under tHis Assignment, to collect and receive the Rents. For this purpose, Lender is hereby given and granted the following rights, powers and authority: Notice to Tenants. Lender may send notices to any end all tenants of the Property advising them of this Assignment and directing ell Rents to be peid directly to Lender or Lender's agent. Enter the Property. Lender may enter upon and take poasession of the Property; demend, collect and receive from the tenants or from eny other persohs Ilable therefor, all of the Rents; institute end carry on all legal proceedinga necessary for the protection of the Property, including such proceedings es may be necessary to recover possession of the Property; collect tNe Rents and remove eny tenant or tenants or other persons from the Property. Maintain the Property. Lender may ehter upon the t�roperry to meintein the Property and keep the same in repair; to pay the costa thereof end of all services of all employeea, including their equipment, end of ell continuing costs and expenses of maintaining the Property in proper repair end condit(on, and also to pay all taxes, assessments and water utilities, end the premiums on fire and other insurance effected by Lender on the Property. Compliance with Laws. Lender may do any end all things to execute and comply with the laws of the Stete of Nebraska end also all other laws, rules, orders, ordinances a�5d requirements of all other governtnental agenc(ea affecting the Property. Lease the Property. Lender mey rent or lease the whole or any part of the Property for such term or terms and on such conditions as Lender may deem appropriate. Employ Agerrts. Lender may engage such agent or agents as Lender may deem appropriate, either in Lender's name or in Grantor's name, to rent and menage the Property, including the collection and application of Rents. Other Acts. Lender may do all such other things end acts with respect to the Property es Lender may deem eppropriate end may act exclusively and solely in the plece end stead of Grentor end to have all of the powers of Grentor for the purposes stated above. No Requirement to Act. Lender shall not be required to do any of the foregoing acts or things, and the fact that Lender shall have performed one or more of the fotego(ng ects or things shall not require Lender to do any other specffic act or thing.