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Loan No: 101266246 <br />ASSIGNMENT OF RENTS <br />(Continued) <br />201304705 <br />Page 2 <br />GRANTOR'S REPRESENTATIONS AND WARRANTIES, Grantor warrants that; <br />Ownership. Grantor is entitled to receive the Rents free snd clear of all rights, loans, liens, encumbrances, end <br />claims except es disclosed to and accepted by Lender In writing. <br />Right to Assign. Grantor has the full right, power end authority to enter into this Assignment end 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 />1netruMent new in form <br />No Further Transfer. Granter will not sell, assign, enounbsr, or otherwise dispose of any of Grantor's rights in the <br />Rents except es provided In this Assignment, <br />LENDER'S RIGHT TO Ri CIIVi AND COLLECT RENTS, Lendar shell have the right at eny time, end even though no <br />default shall have occurred under this Assignment, to oolledt and receive the Rents. For this purpose, Lender Is hereby <br />given and granted the following rights, powers and authority: <br />Notice to Termite. Lender may sand notiosi to any end all tenants of the Property Advising them of this <br />Assignment and direoting all Rents to be paid directly to Lender or Lander'* agent. <br />Enter the Property. Lender may enter upon end take possession of the Property; demand, collect end receive from <br />the tenants or from any other persons liable therefor, all of the Rental institute and carry on all legal proceedings <br />necessary for the proteotion of the Property, including such proceedings se May be necessary to recover <br />possession of the Property; oollsot 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 servloss of ell employees, including their equipment, end of ell continuing costs <br />and expense' of maintaining the Property In proper repair and condition, and also to pay all taxes, assessments and <br />water utilities, and the premiums on firs and other Insurance effected by Lander on the Property. <br />Compllanoa with Laws. Lander may do any end ell things to execute end comply with the laws of the Stets of <br />Nebraska and also ell other laws, rules, orders, ordinances and requirements of all other governmental agencies <br />effecting the Property. <br />Lease the Property. Lender may rent or (ease the whole or any per of the Property for such term or terms and on <br />such conditions as Lander may deem appropriate. <br />Employ Agents. Lender may engage such agent or agents as Lender may deem appropriate, either In Lender'A <br />name or In Grantor's name, to rant and manage the Property, including the collection end application of Rants. <br />Other Mts. Lender may do ell such other things and acts with respect to the Property as Lender may deem <br />appropriate and may sot 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 />Ne Requirement to Act. Lender shall not be required to do any of the foregoing vote or things, and the feet that <br />Lender shall have performed one or more of the foregoing acts or things shell not require Lender to do any other <br />specific sot or thing. <br />APPLICATION OF RENT:. All costs and expenses incurred by Lander In connection with the Property shall be for <br />Grantor's account and Lander may pay ooh costs and expenses from the Rents, Lender, in Its sole discretion, shell <br />determine the application of any and all Rents received by It; however, any such Rents received by Lender which ere <br />not applied to such costs and expenses shall be applied to the Indebtedness. All expenditures made by Lander 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 ell 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'6 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 affeot Lender's Interest in <br />the Property or if Grantor falls to comply with any provision of this Assignment or any Related Docurents, 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 Lander for such <br />purposes will than 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. Ail such expenses will become a pert of the indebtedness end, at Lender's option, will (A) <br />be payable on demand; (S) be added to the balance of the Note end be 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 (C) be treated as a balloon payment whioh 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 />