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201300606
<br /> ASSIGNMENT OF RENTS
<br /> Loan No: 122 (Continued) Page 2
<br /> Ownership. Grantor :a 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.
<br /> Maintain the Property. Lender may enter upon the Property to maintain the Property and keep the same in repair;
<br /> to pay the costs thereof and of all services of all employees,including their equipment,and of all continuing costs
<br /> and expenses of maintaining the Property in proper repair and condition,and also to pay all taxes,assessments and
<br /> water utilities,and the premiums on fire and other insurance effected by Lender on the Property.
<br /> Compliance with Laws. Lender may do any and all things to execute and comply with the laws of the State of
<br /> Nebraska and also all other laws, rules, orders, ordinances and requirements of all other governmental agencies
<br /> affecting the Property.
<br /> Lease the Property. Lender may rent or lease the whole or any part of the Property for such term or terms and on
<br /> such conditions as Lender may deem appropriate.
<br /> Employ Agents. Lender may engage such agent or agents as Lender may deem appropriate, either in Lender's
<br /> name or in Grantor's name,to rent and manage the Property,including the collection and application of Rents.
<br /> Other Acts. Lender may do all such other things and acts with respect to the Property as Lender may deem
<br /> appropriate and may act exclusively and solely in the place and stead of Grantor and to have all of the powers of
<br /> Grantor for the purposes stated above.
<br /> No Requirement to Act. Lender shall not be required to do any of the foregoing acts or things,and the fact that
<br /> Lender shall have performed one or more of the foregoing acts or things shall not require Lender to do any other
<br /> specific act or thing.
<br /> APPLICATION OF RENTS. All costs and expenses incurred by Lender in connection with the Property shall be for
<br /> Grantor's account and Lender may pay such costs and expenses from the Rents. Lender, in its sole discretion,shall
<br /> determine the application of any and all Rents received by it; however, any such Rents received by Lender which are
<br /> not applied to such costs and expenses shall be applied to the Indebtedness. All expenditures made by Lender under
<br /> this Assignment and not reimbursed from the Rents shall become a part of the Indebtedness secured by this
<br /> Assignment,and shall be payable on demand,with interest at the Note rate from date of expenditure until paid.
<br /> FULL PERFORMANCE. If Grantor pays all of the Indebtedness when due and otherwise performs all the obligations
<br /> imposed upon Grantor under this Assignment,the Note,and the Related Documents,Lender shall execute and deliver to
<br /> Grantor a suitable satisfaction of this Assignment and suitable statements of termination of any financing statement on
<br /> file evidencing Lender's security interest in the Rents and the Property. Any termination fee required by law shall be
<br /> paid by Grantor,if permitted by applicable law.
<br /> LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in
<br /> the Property or if Grantor fails to comply with any provision of this Assignment or any Related Documents,including but
<br /> not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under
<br /> this Assignment or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any
<br /> action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security
<br /> interests,encumbrances and other claims,at any time levied or placed on the Rents or the Property and paying all costs
<br /> for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such
<br /> purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date
<br /> of repayment by Grantor. All such expenses will become a part of the Indebtedness and,at Lender's option, will (A)
<br /> be payable on demand; (B) be added to the balance of the Note and he apportioned among and be payable with any
<br /> installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the
<br /> remaining term of the Note; or (CI be treated as a balloon payment which will be due and payable at the Note's
<br /> maturity. The Assignment also will secure payment of these amounts. Such right shall be in addition to all other rights
<br /> and remedies to which Lender may be entitled upon Default.
<br /> DEFAULT. Each of the following,at Lender's option,shall constitute an Event of Default under this Assignment:
<br /> Payment Default. Borrower fails to make any payment when due under the Indebtedness.
<br /> Other Defaults. Borrower or Grantor fails to comply with or to perform any other term, obligation, covenant or
<br /> condition contained in this Assignment or in any of the Related Documents or to comply with or to perform any
<br /> term,obligation,covenant or condition contained in any other agreement between Lender and Borrower or Grantor.
<br /> Default on Other Payments. Failure of Grantor within the time required by this Assignment to make any payment
<br /> for taxes or insurance,or any other payment necessary to prevent filing of or to effect discharge of any lien.
<br /> Default in Favor of Third Parties. Borrower or Grantor defaults under any loan, extension of credit, security
<br /> agreement,purchase or sales agreement,or any other agreement,in favor of any other creditor or person that may
<br /> materially affect any of Borrower's or Grantor's property or ability to perform their respective obligations under this
<br /> Assignment or any of the Related Documents.
<br /> False Statements. Any warranty,representation or statement made or furnished to Lender by Borrower or Grantor
<br /> or on Borrower's or Grantor's behalf under this Assignment or the Related Documents is false or misleading in any
<br /> material respect, either now or at the time made or furnished or becomes false or misleading at any time
<br /> thereafter.
<br /> Defective Collateralization. This Assignment or any of the Related Documents ceases to be in full force and effect
<br /> (including failure of any collateral document to create a valid and perfected security interest or lien)at any time and
<br /> for any reason.
<br /> Insolvency. The dissolution or termination of Borrower's or Grantor's existence as a going business, the
<br /> insolvency of Borrower or Grantor,the appointment of a receiver for any part of Borrower's or Grantor's property,
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