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201300018
<br /> ASSIGNMENT OF RENTS
<br /> Loan No: 101260063 (Continued) Page 4
<br /> above Lender's costs, against the Indebtedness. In furtherance of this right, Lender shall have all the rights
<br /> provided for in the Lender's Right to Receive and Collect Rents Section, above. If the Rents are collected by
<br /> Lender, then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse instruments received in
<br /> payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants
<br /> or other users to Lender in response to Lender's demand shall satisfy the obligations 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 agent, or through a receiver.
<br /> Other Remedies. Lender shall 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 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 /> Attorneys' Fees: Expenses. If 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 the court may adjudge reasonable as attorneys' fees at trial 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 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 repaid. Expenses covered by this paragraph include,
<br /> without limitation, however 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 injunction), appeals, and any anticipated post-judgment
<br /> collection services, the cost of searching records, obtaining title reports (including 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 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 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 be used
<br /> to interpret or define the provisions of this Assignment.
<br /> Governing Law. This Assignment will be governed by federal law applicable to Lender and, to the extent 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 submit to the jurisdiction of the
<br /> courts of Hall County, State of Nebraska
<br /> Joint and Several Liability. All obligations of Borrower and Grantor under this Assignment shall be joint and
<br /> several, and all references to Grantor shall mean each and every Grantor, and all references to Borrower shall mean
<br /> each and every Borrower. This means that each Grantor signing below is responsible for all obligations in this
<br /> Assignment.
<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 benefit of Lender in any capacity, without the written consent
<br /> of Lender.
<br /> Interpretation. 11) 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. (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 Grantor 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 Assignment 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 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 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 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
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