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°� ASSIGNMENT O� RENTS � o�� O� 4 �D
<br />Loan No: 101257690 (Continued) - Page 4
<br />prospect of payment or perforntance of the Indelitedness is impaired.
<br />Insecurity. Lender in good faith believes (tself insi�cure.
<br />Cure Provisions. If any defeult, other than a defeult in paymeht ia curable end if Grantor has not been given e
<br />notice of e breach of the same provision of this Assignment within tha preceding twelve (12) months, it may be
<br />cured if Grantor, after Lender sends written notice to Borrower demanding cure of such defeult: (1) cures the
<br />default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immedietely initietes steps
<br />which Lender deems in Lender's sole discretion to be sufficient to cure the defeult and thereafter continues and
<br />completes all reasonable and necessary steps sufficient to produce corttpliance as soon as reasonably precticel.
<br />RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, Lender
<br />may exercise any one or more of the following rights artd remedies, in addition to eny other rights or remedies provided
<br />by law:
<br />Accelerete Indebtedness. Lender shall have the right et its option to declare the entire Indebtedness immed(ately
<br />due and payable, including any prepayment penelty that Borrower would be required to pay.
<br />Collect Rents. Lender shall have the rfght, without notice to Borrower or Grantor, to take possession of the
<br />Property and collect the Rents, includirlg amounts past due and unpaid, end apply the net proceeds, over end
<br />above Lender's costs, against the lhdebtedness. In furtherance of this right, Lender shall have ell the righta
<br />provided for in the Lender's Right to Receive and Collect Wents Section, above. If the Rehts are collected by
<br />Lender, then Grantor irrevocably designates Lender es Grantor's ettorney-in-fact to endorse fnstruments received in
<br />payment thereof in the name of Grantor and to negotiate the same end collect the proceeds. Payments by tenanta
<br />or other users to Lender in response to Lender's demend shall satisfy the obligetions for which the payments are
<br />made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this
<br />subparagraph either in person, by egent, or through e receiver.
<br />Other Remedies. Lender shall have all other rights end remedies provided in this Assignment or the Note or by
<br />law.
<br />Election of Remedies. Election by Lender to pursue eny remedy shall not exclude pursuit of eny other remedy, and
<br />an election to make expenditures or to teke action to perform en obligation of Grentor under this Asgignment, efter
<br />Grantor's failure to perform, shell not affect Lend�r"s right to declare e default and exercise its remedies.
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<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to ehforce any of the terms of this Assignment,
<br />Lender shall be entitled to recover such aum as the court may adjudge reasonable as attorneys' fees at trlal and
<br />upon any eppeal. Whether or not any court action is involved, and to the extent not prohibited by law, all
<br />reasonable expenses Lender i�lcurs thet in Lender's opinion are necessary at any time for the protection of its
<br />interest or the enforcement of its rights shell become a part of the Indebtedness payeble on demand and shall bear
<br />interest at the Note rate from the date of the expenditure until repeid. Expenses covered by this paregraph include,
<br />without limitation, however subject to any limits under applicable law, lender's attorneys' fees and Lender's legal
<br />expenses, wNether or not there is a lawsuit, including ettorneys' fees and expenses for bankruptcy proceedings
<br />(including efforts to modify or vacate ahy eutomatic stay or injunction), appeals, and any anticipated post-judgment
<br />collection services, the cost of searching records, obteining title reports (including foreclosure reports), surveyors'
<br />reports, and appreisal fees, title fhsurence, and fees for the Trustee, to the extent permitted by applicable law.
<br />Grantor also will pay any court costs, in addition to all other sums provided by lew.
<br />MISCELLANEOUS PROVISIONS. The following miscelleneous provisions are a part of this Assignment:
<br />Arhendments. This Assig�lment, together with eny Releted Documents, constitutes the entire understending and
<br />agreement of the pertfes es ta the matters set forth in this Assignment. No alteration of or amertdment to this
<br />Assignment shell be effective unless given in writing and signed by the party or parties sought to be cherged or
<br />bound by the alteretion or amendment.
<br />Caption Headings. Caption heedings 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 Law. This Assignment will be govemed by federal law applicable to Lender and, to the extent not
<br />preempted by federal law, the laws of the Stete of Nebreska w(thout regard to its conflicts of lew provisions. This
<br />Assignment has been accepted by Lender in the State of Nebraska.
<br />Choice of Venue. If there is a lewsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the
<br />courts of Hall County, State of Nebraska.
<br />Joint and Severel Liability. All obligat(ons of Borrower and Grantor under this Assignment shall be joint and
<br />severel, end all references to Grantor sNall mean each end every Grantor, and all references to Borrower shall mean
<br />each and every Borrower. This means thet eech Grantor signing below is responsible for all obligetions in this
<br />Assignment. Where any one or more of the parties is a corporation, partnership, limited liability company or similar
<br />entity, it is not rtecessary for Lender to inquire into the powers of any of the officers, directora, partners, membera,
<br />or other agents acting or purporting to ect on the entiry's behalf, and eny obHgations mede or created in relia�lce
<br />upon the professed exercise of such powers shall be guaranteed under this Assignment.
<br />Merger. There shell be no merger of the interest or estate created by this assfgnment with any other interest or
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