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201301355
<br /> ASSIGNMENT OF RENTS
<br /> (Continued) Page 4
<br /> law.
<br /> Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and
<br /> an erection 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. With respect to procedural matters related to the perfection and enforcement of Lender's rights
<br /> against the Property, this Assignment will bo governed by federal law applicable to Lender and to the extent not
<br /> preempted by federal law, the laws of the State of Nebraska. In all other respects, this Assignment will be
<br /> governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the
<br /> State of Kansas without regard to its conflicts of law provisions. However, if there ever is a question about
<br /> whether any provision of this Assignment is valid or enforceable, the provision that Is questioned will be governed
<br /> by whichever state or federal law would find the provision to be valid and enforceable, The loan transaction that is
<br /> evidenced by the Note and this Assignment has been applied for, considered, approved and made, and all
<br /> necessary loan documents have been accepted by Lender in the State of Kansas.
<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 Johnson County, State of Kansas.
<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. Where any one or more of the parties is a corporation, partnership, limited liability company or similar
<br /> entity, it is not necessary for Lender to inquire into the powers of any of the officers, directors, partners, members,
<br /> or other agents acting or purporting to act on the entity's behalf, and any obligations made or created in reliance
<br /> upon the professed exercise of such powers shall be guaranteed under this 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. (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. (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 see 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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