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Loan No: 101260645
<br />ASSIGNMENT OF RENTS
<br />(Continued) 2013001211
<br />age 2
<br />TRACT 2: THE WESTERLY TEN (10) FEET OF LOT FIVE (5) AND ALL OF LOT SIX (6), IN
<br />BLOCK "F" IN MACCOLL AND LEFLANG'S SECOND ADDITION TO THE VILLAGE, NOW
<br />CITY, OF WOOD RIVER, HALL COUNTY, NEBRASKA AS SURVEYED, PLATTED AND
<br />RECORDED; AND THE UNPLATTED TRACT OF LAND LYING BETWEEN LOT SIX (6),
<br />BLOCK "F" IN MACCOLL AND LEFLANG'S SECOND ADDITION AND LOT ONE (1), BLOCK
<br />THREE (3) IN CHAMBERLIN'S ADDITION TO THE VILLAGE, NOW CITY, OF WOOD RIVER,
<br />HALL COUNTY, NEBRASKA; AND LOT ONE (1), BLOCK THREE (3) IN CHAMBERLIN'S
<br />ADDITION TO THE VILLAGE, NOW CITY, OF WOOD RIVER, HALL COUNTY, NEBRASKA.
<br />The Property or its address is commonly known as 606 S HIGH ST, CAIRO NE & 409 W 11TH
<br />ST, WOOD RIVER NE 68883, NE.
<br />CROSS - COLLATERALIZATION. In addition to the Note, this Assignment secures all obligations, debts and liabilities,
<br />plus interest thereon, of either Grantor or Borrower to Lender, or any one or more of them, as well as all claims by
<br />Lender against Borrower and Grantor or any one or more of them, whether now existing or hereafter arising, whether
<br />related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or
<br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Grantor
<br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or
<br />otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of
<br />limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise
<br />unenforceable.
<br />THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY
<br />AND ALL OBLIGATIONS OF BORROWER AND GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED
<br />DOCUMENTS. THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action" or "anti- deficiency"
<br />law, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for
<br />deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement
<br />or completion of any foreclosure action, either judicially or by exercise of a power of sale.
<br />BORROWER'S WAIVERS AND RESPONSIBILITIES. Lender need not tell Borrower about any action or inaction Lender
<br />takes in connection with this Assignment. Borrower assumes the responsibility for being and keeping informed about
<br />the Property. Borrower waives any defenses that may arise because of any action or inaction of Lender, including
<br />without limitation any failure of Lender to realize upon the Property, or any delay by Lender in realizing upon the
<br />Property. Borrower agrees to remain liable under the Note with Lender no matter what action Lender takes or fails to
<br />take under this Assignment.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Assignment or any Related Documents, Grantor
<br />shall pay to Lender all amounts secured by this Assignment as they become due, and shall strictly perform all of
<br />Grantor's obligations under this Assignment. Unless and until Lender exercises its right to collect the Rents as provided
<br />below and so long as there is no default under this Assignment, Grantor may remain in possession and control of and
<br />operate and manage the Property and collect the Rents, provided that the granting of the right to collect the Rents shall
<br />not constitute Lender's consent to the use of cash collateral in a bankruptcy proceeding.
<br />GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that:
<br />Ownership. Grantor is entitled to receive the Rents free and clear of all rights, loans, liens, encumbrances, and
<br />claims except as disclosed to and accepted by Lender in writing.
<br />Right to Assign. Grantor has the full right, power and authority to enter into this Assignment and to assign and
<br />convey the Rents to Lender.
<br />No Prior Assignment. Grantor has not previously assigned or conveyed the Rents to any other person by any
<br />instrument now in force.
<br />No Further Transfer. Grantor will not sell, assign, encumber, or otherwise dispose of any of Grantor's rights in the
<br />Rents except as provided in this Assignment.
<br />LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS. Lender shall have the right at any time, and even though no
<br />default shall have occurred under this Assignment, to collect and receive the Rents. For this purpose, Lender is hereby
<br />given and granted the following rights, powers and authority:
<br />Notice to Tenants. Lender may send notices to any and all tenants of the Property advising them of this
<br />Assignment and directing all Rents to be paid directly to Lender or Lender's agent.
<br />Enter the Property. Lender may enter upon and take possession of the Property; demand, collect and receive from
<br />the tenants or from any other persons liable therefor, all of the Rents; institute and carry on all legal proceedings
<br />necessary for the protection of the Property, including such proceedings as may be necessary to recover
<br />possession of the Property; collect the Rents and remove any tenant or tenants or other persons from the Property.
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