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201301592
<br /> ASSIGNMENT OF RENTS
<br /> Loan No 101261779 (Continued) Page 2
<br /> the Property. Eorrbwer wolves any defenses that may arise baceuse of any action or inaction of Lender, including
<br /> without limitation any failure of bender 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 falls 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 Aasignment, Unless and until Lender exercises its right to collect the Rents as provided
<br /> below end 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 /> dolma except is dieolosed to and accepted by Lender in writing,
<br /> Right to Assign. Grantor hes the full right, power end authority to enter Into this Assignment and to assign and
<br /> convey the Rents to Lender,
<br /> No Prior Assignment. Granter 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 ea provided in this Assignment.
<br /> LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS. Lender Shell 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 tenente of the Property advising them of this
<br /> Assignment end demoting 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 pereene liable therefor, all of the Rental Institute end 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 Lowe. Lender may do any end 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 end application of Rents.
<br /> Other Act*, Lender may do iii 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 steed 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, end the feat 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 coats and expanses incurred by Lender in connection with the Property shill be for
<br /> Grantor's account and Lender may pay such costa and expense; from the Rents. Lender, in its sole discretion, shall
<br /> determine the application of any and all Rents received by lt; however, any Such Rents received by Lender whioh ere
<br /> not applied to ouch wets and expenses shall be applied to the indebtedness. All expenditures made by Lender under
<br /> thia Assignment and not reimbursed from the Rents shall become a part of the Indebtedness secured by this
<br /> Assignment, and •hall be payable on demand, with interest et the Note rate from date of expenditure until paid,
<br /> PULL 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 effect Lender's interest In
<br /> the Property or if Grantor fella to comply with any provision of this Aesignrnent or any Related Documents, Including but
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