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201209637
<br /> ASSIGNMENT OF RENTS
<br /> Loan No= 81001707 (Continued) Page 3
<br /> by law:
<br /> Accelerate Indebtedness. Lender shall have the right at its option to declare the entire Indebtedness immediately
<br /> due and payable,including any prepayment penalty that Grantor 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, including amounts past 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 alI the rights provided for in the
<br /> Lender's Right to Receive and Collect Rents Section, above. If the Rents are collected by Lender,then Grantor
<br /> irrevocably designates Lender as Grantor's attorney-in fact to endorse instruments received in payment thereof in
<br /> the name of Grentor 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 satisfy the obligations for which the payments are made,whether or
<br /> not any proper grounds for the demand existed. Lender may exercise its rights under fhis subparagraph either in
<br /> person,by agent,or through a receiver.
<br /> Other Remedies. Lender shall have all othet rights and remedies provided in this Assignment or the Note or 6y
<br /> law.
<br /> Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any o2her remedy,and
<br /> an election to make expenditures or to take action to perform an obligation of Grantor under this Assignment,after
<br /> Grantor's failure to perform,shall not affect Lender's right to declare a default and exercise its remedies.
<br /> Attomeys'Fees;6cpenses. ff Lender insTitutes any suit or action to enforce any of the terms of this Assignment,
<br /> Lender shall be entitled to recover such sum as tfie court may adjudge reasonable as attorneys'fees at trial and
<br /> upon any appeal. WheYher or not any court action is involved, and to the extent not prohihited by law, all
<br /> reasonable expenses Lender incurs that in Lender's opi�ion are necessary at any time f¢r the protection of its
<br /> interest or the enforcement of its rights shall become a part of the indebtedness payable on demand and shall bear
<br /> interest at the Note rate from the date of the expenditure until repaitl. 6cpenses covered by this paragraph include,
<br /> without limitation,howevet 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 /> (including efforts to modify or vacate any automatic stay or injunctionl,appeals,and any anticipated post-judgment
<br /> collection services,the cost of searching records,obtaining title reports Iinduding 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 all 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 e�tire understanding and
<br /> agreement of the parties as to the matters set forth 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 for convenience purposes only and are not to 6e used
<br /> . to interpret or define the provisions of this Assignment.
<br /> Governing Law. This Assignment will be governed by federal Iaw applicable to Lender and,to the extent not
<br /> preempted by federel law,the laws of the State of Nebraska without regard to its conflicts of law provisions. This
<br /> Assignment has been accepted by Lender in the State of Nebraska.
<br /> Choice of Venue. If there is a lawsuit,Grantor agrees upon Lender's request to suhmit to the jurisdiction of the
<br /> courts of Hall County,State of Nebreska.
<br /> Joint and Several Liability. All obligations of Grantor under this Assignment shall be joint and several, and all
<br /> references to Grantor shall mean each and every Grantor. This means that each Grantor signing below is
<br /> responsible for all obligations in this Assignment.
<br /> Merger. There shall be no merger o#the interest or estate created by this assignment with any other interest or
<br /> estate in the Property at any time held by or for the benefit of Lender in any capaciiy,without the written consent
<br /> of Lender.
<br /> Interpretation. (1) In all cases where there is more than one Borrower or Grantor,then all words used in this
<br /> Assignment in the singular shall be deemed to have been used in the plural where the context and construction so
<br /> require. 12) If more than one person signs this Assignment as"Grantor,"the obligations of each 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 /> joihed in any lawsuit. (3) The names given to paragraphs or sections in this Assignment are fot convenience
<br /> purposes only.They are not to be used to interpret or define the provisions of this Assignment.
<br /> No Waiver by Lendea Lender shall not be deemed to have waived any rights under this Assignment unless such
<br /> waiver is given in writing and signed by Lender. No delay or omission on the 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 of this Assignment. No prior waiver by Lender,nor any course of dealing between
<br /> Lender and Grantor,shall constitute a waiver of any of LendePs rights or of any of Grantor's obligations as to any
<br /> future transactions. Whenever Lhe consent of Lender is required under this Assignment, the granting of such
<br /> consent by Lender in any instance shall not eonstitute 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 actually delivered, when actually received by telefacsimile (unless otherwise required by Iaw), when
<br /> deposited with a nationally recognized ovemight courier,or,if ineiled,when deposited in the United States mail,as
<br /> first class,certified or registerad mail postage prepaid,directed m the addresses shown near the beginning of this
<br /> Assignment. Any party may change its add�ess fot notices under this Assignment 6y giving formal written notice
<br /> to the other parties, specifying that the purpose of 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 law, if there is more than one Grantor, any notice given by Lender to any Grantor is
<br /> deemed to be notice given to all Grantors.
<br /> Powers of Attorney. The various agencies and powers of attomey conveyed on Lender under this Assignment are
<br /> granted for purposes of security and may not be revoked tiy Grantor until such time as the same are renounced by
<br /> Lender.
<br /> Severa6ility. If a court of competent jurisdiction finds any provision of this Assignment to be illegal, invalid, or
<br /> unenforceable as to any person or circumstance,that finding shall not make the offending provision illegal,invalid,
<br /> or unenforceable as to any other person or cirwmstance. If feasible,the offending provision shall be considered
<br /> modified so that it becomes legal,valid and enforceable. If the offending provision can�ot be so modified,it shall
<br /> be considered deleted from this Assignment. Unless otherwise required by law, the illegality, invalidity, or
<br /> unenforceability of any provision of this Assignment shall not affect the legality,validity oc enforceatiility of any
<br /> other provision of this Assignment.
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