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201210845
<br /> ASSIGIVN{EiVT OF REIVTS
<br /> Loan No: 121 (Co11tl11ued) Page 3
<br /> under,any Guaranty of the Indebtedness.
<br /> Adverse Change. A material adverse change occurs in Grantor's financial 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 RENlEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter,Lender
<br /> may exercise any one or more oi the following rights and remedies,in addition to any other rights or remedies provided
<br /> by law:
<br /> Accelerate Inde6tedness. Lender shall have the right at its option to dedare 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, withouY notice to Grantor, to t2ke possession of the Property and
<br /> collect the Rents, including amounts past due and unpaid, and apply the nex proceeds, over and above Lender's
<br /> costs, against the Indebtedness. In furtherance of this ri.ght, Lender shall have all 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 insVuments received in paymeM 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 m Lender's demand shall satisfy the obligations for which the payments are made,whether or
<br /> noY any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph ei�ther i�
<br /> person,by agent,or through a receiver.
<br /> Other Remedies. Lender shali have all other rights and remedies provided in this Assignment or the Note or by
<br /> law.
<br /> Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy,and
<br /> an election to make expenditures or to take action to perform an obligation or 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 /> Attorneys'Fees;F�cpenses. If Lender institutes any suit or action to enforce any of the terms of this Assignme�t,
<br /> Lender shall be entitled to recover such sum as the court may adjudge reasonable as aitomeys'fees at Vial 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 the protection of its
<br /> interest or the enforcement of its rights shall 6ecome a part of the Inde6tedness paya6le on demand and shall bear
<br /> interest at the Note rate from the date of the expenditure until repaid. Expenses covered 6y this paragraph inciude,
<br /> without limitation,however su6ject to any limlts 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 /> (induding 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(includi�g foreclosure reportsl,.sur�eyors'
<br /> reports, and appraisal fees, title insurance, and fiees for the Trustee, to the extent permitted by applicable law.
<br /> Grantor also wilt pay any court costs,in addition to all other sums provided by iaw.
<br /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Assignment:
<br /> Amendments. This Assignment,together with any Related Documents, constitutes tF�e entire 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 io 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 be used
<br /> to interpret or define the provisions�of this Assignment.
<br /> Governing Law. This Assignment will be governed by federai law applicable to Lender a�d, to the e�ctem not
<br /> preempted by federal 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 submlt to the jurisdiction of the
<br /> courts of Hafl C�unty,Star[e of Nebraska,
<br /> Merger. There shall be no merger of 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 6enefit of Lender in any capacity,without Yhe 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 conte�ct and construction so
<br /> require. (2} 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 GraMor 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 Assignme�nt are for convenience
<br /> purposes only.They are not to be used to interpret or define the provisions of this Assignment.
<br /> No Waiver by Lender. Lender shall not be deemed fo have waived any rights under this Assignmeni unless such
<br /> wai�er is given in writing and signed 6y Lender. No delay or omission on the part of Lender in exercising any right
<br /> shall operate as a waiver af 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 ihat
<br /> provision or any other provision of this Assignment. No prior waiver by Lender,nor any course of dealing 6etween
<br /> Lender and Grentor,shall constiiute a waiver of any of Lender's rights 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 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 gran[ed 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 law), when
<br /> deposited with a nationaliy recognized overnight courier,or,if mailed,when deposited in the United States mail,as
<br /> first dass,certified or registered mail postage prepaid,d!rected m the addresses shown near the beginning of this
<br /> Assignment. Any pa:Yy may change its address for notices un.der this Assignment by giving forrna[weitten notice
<br /> to the other parties; specifying that the purpose of the notice is Yo change the party's address. For notice
<br /> purposes, Grantor agrees Yo keep Lender informed at all times of Grantor's current address. Unless otherwise
<br /> provided or ;equired by law, if there is more than one Grantor, any notice given by Lender to any Granior 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 6y 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 6e illegal, invalid, or
<br /> unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or
<br /> unenforcea6le as tc any other circumstance. If feasible,the offending provision shall be considered modified so
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