|
201301592
<br /> ASSIGNMENT OF RENTS
<br /> Loan Not 101261779 (Continued) Page 4
<br /> Property and collect the Rents, Including amounts peat due end unpaid, and apply the net proceeds, over and
<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 end to negotiate the same and collect the proceeds. Paymente by tenants
<br /> Or other users to Lender In reeponee to Lender's demand 'hall satisfy the obligations for which the payments are
<br /> made, whether or net any proper grounds for the demand existed, Lender may exorcise its rights under this
<br /> eubparagrsph 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 /> en election to make expenditures or to take action to perform en 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' Nee; EXpeneas. If Lender institutes any suit or action to enforce any of the terms of this Assignment,
<br /> Lander 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, ell
<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 Intlebtednesa payable on demand and shall beer
<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 limlta under applicable law, Lender's attorneys' fees end Lender's legal
<br /> expeneaa, 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 Injunotlon), appeals, and any anticipated poet-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 else will pay any court costs, in addition to all other sums provided by law.
<br /> MISCELLANEOUS PROVISIONS. The following miecelieneous provisions ere a part of this Assignment:
<br /> Amendments, This Assignment, together with any Related Documents, constitUtes the entire understanding and
<br /> agreement of the parties to to the matters set forth-i6'0hie Assignment, No alteration of or arnehdment to this
<br /> Assignment shall be effective unless given in writing and signed by the party or partiea 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 conflicta of law provisions. This
<br /> Assignment has been aoospted by Lender in the State of Nebraska.
<br /> Choice of Venus, 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 ail references to Grantor shall mean each and every Grantor, and all references to Borrower shall mean
<br /> each end every Borrower. This means that each Grantor signing below is responsible for all obligations in this
<br /> Assignment.
<br /> Merger, There eheil 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 to any capacity, without the written consent
<br /> of Lender.
<br /> interpretation, (1) In all oases where there is more than one Borrower or Grantor, than all word$ used In thla
<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 earns person, Lender need not sue Borrower first, and that Borrower need not be
<br /> joined In any lawsuit, 13! 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. Lander shall not be deemed to have waived any rights under this Assignment unless such
<br /> waiver la given in writing and signed by Lender. No delay of Omission on the part of Lender in exercising any right
<br /> shell operate es 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, shell 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 shalt not oonstltute continuing consent to subsequent Instances where such
<br /> consent is required and In air cases such consent may be granted or withheld in the sole discretion of Lender,
<br /> •
<br />
|