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Loan No: 101266246
<br />AS t NMENT OF RENTS
<br />(Continued)
<br />201304705
<br />Page 4
<br />Attorneys' Fees; Expenses. If Lender Institutes any suit or action to enforce any of the terms of this Assignment,
<br />Lender shell be entitled to recover suoh 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 proteotion 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 end expenses for bankruptcy proceedings
<br />(Including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post - judgment
<br />colleotlon services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors'
<br />reports, end appralael 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 se to the matters est forth in this Assignment, No 'Iteration of or amendment to this
<br />Assignment shall be effective unless given In writing end signed by the party or parties sought to be charged or
<br />bound by the ilteretlon 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 Lew, Thls 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 conflicts of law provisions. This
<br />Assignment has been accepted by Lender In the State of Nebraska.
<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 Hall County, State of Nebraska,
<br />Joint and Several Liability. All obligations of Grantor under this Assignment shall be Joint and several, and all
<br />references to Grantor shell mean each and every Grantor. This means that each Grantor signing below is
<br />responsible for all obligations In this Assignment.
<br />Merger, There shell 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. (11 In all cases where there is more than one Borrower or Grantor, then ell 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 then 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 same 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 riot to be used to Interpret or define the provisions of this Assignment.
<br />No Waiver by Lender. Lender shell not be deemed to have waived any rights under this Assignment unless such
<br />waiver le given in writing end signed by Lender, No delay or omission on the part of Lender In ...roiling any right
<br />shall operate es a waiver of such right Or any Other right, A waiver by Lender of s provlslon of this Assignment
<br />shell not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that
<br />provision or any other provision of thls 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 se to any
<br />future transaction., 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 />content 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 affective
<br />when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when
<br />deposited with a nationally recognised overnight courier, or, If mailed, when deposited In the United States mall, as
<br />first class, certified or registered melt postage prepaid, directed to the addresses shown near the beginning of this
<br />Assignment, Any party may change its address for notices under this Assignment by giving formal written notice
<br />to the other parties, specifying that the purpose of the notice is to change the party's address. For notice
<br />purposes, Grantor agrees to keep Lender Informed at all times of Grantor's ourrent address. Unless otherwise
<br />provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is
<br />deemed to be notice given to all Grantors.
<br />Powers of Attorney. The various agencies and powers Of attorney conveyed on Lender under this Assignment are
<br />granted for purposes of security and may not be revoked by Grantor until such time es the same ars renounced by
<br />Lender,
<br />Severabiiity. If a court of competent Jurisdiction finds any provision of this Assignment to be illegal, invalid, or
<br />unenforceable is to any person or circumstance, that finding shall not snake the offending provision illegal, invalid,
<br />or unenforceable as to any other person or circumstance, If feasible, the offending provision shall be considered
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