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��14��17� A�SHGNMENT C�F F�ENTS Loan No: 1�1�7�555 ��ntinu�d} Page � f _ th� Pr�perty. Borr�wer wai�es any defenses that may aris� because �f any action or inac�i�n of Lender, including without �imi�ta�ion any �ailure �f Lender to reafize upon the Praperty, or any delay by L�nder in realizing upon the Pr�perty. garrower agrees to remain liable under fhe Nvte with Lender na matfier what action Lender takes or fails to take under this Assignment. PAYMENT AND PERF�RMANCE. Except as atherwise provided in �h�s Assignment ar any Rela�ed ao�uments, Grantor shall pay to Lender all amounts s��ured by this Assignment as they laecome due, and shall s�rictly perf�rm all o� �rantor's �bliga�ions under this Assignment. Un�ess and until L�nder ex�rcises i�s righ��o �o[lect the Rents as proWid�d below and s� I�ng as fihere is nv de�Fault under this Assignmenfi, Gran�ar may remain in possession and c�ntro� o�F and operate and manage the P�operty and c��lect the Ren�s, provided that the granting of th� right tv callect the Rents sha�l not constitu�e L�nder's consent to the use of cash collateral in a bankruptcy praceeding. GRANTUR'S REPRESENTATI�NS AND VtiIARRAIVT�ES. Grantor warrants tha�: �wnership, Grantvr is entitied �v recei�e the Ren�s free and clear of al� �Eghts, loans, liens, encumbrances. and claims excep�as dis�losed to and acGepted by Lender in writing. Right to Assign. �rantor has �he full right� power and authority�to en�er into �hEs Assignment and �a assign and con�ey the Rents tv L�nder. ., Nv Priar Assignment. Gran��r has not p�e�iQusly assign�d or conv�y�d fihe Rents to any other persan by any instrument nvvv in fvrce. Nv Fur�her Transfer. �rantor wil� nofi sell, ass��n, encumber, vr�therwise dispose ❑f any of Grantor's rights in the F�en�s except as pro�ided in this Assignment. LENDER'S RIGHT T� RECEIVE AND C�LLECT RENTS. Lend�r shaEl ha�e the righ�t at any time, and ev�n though no default shail have accurred under this Ass�gnment, ta calfect and receiWe�he Ren�s. Far this purpvse, Lender is hereby given and granted the fi�llowing righ�s, powers and auth�rity: No#ice to T�nants. Lender may sen�l n��ices ta any and a11 tenants of the Property advising them ��F this Assignmen�and directing al� Rents t� be paid direc�ly�o Lender or Lender's agen�. En#er�he Property. Lender may enter up�n and take possession af�he Property; demand, callec�and rec�iWe from the tenants ar from any a�her p�rsons liable therefor, all of the Rents; institute and �arry on all [e�al proc�edin�s necessary for the pratec�ivn of the Prvperty, including such proceedings as may he necessary to recover pos�ession o�the Property; collect the Rents and remove any tenant ar tenants ar other p�rsons fram�he Property. Mainta�n the Property. Lender may enter upon the Pr�perty to rnaintain the Property and keep the same in repair; to pay �he c�sts th�r�o�and of all ser�ices o� alI empl�yees, including �heir equipment, and of all continuing costs and�xp�nses af main�aining the Property in proper repa�r and condition, and also tv pay a�l taxes. assessments and water u�ili�i�s. and the premiums on�ire and ather insurance e�fected by L�nder�n the Property. �amplianc�.with Laws. Lende� may dv any and a�l things ta execu�e and compfy with the laws ofi the 5tate of Nebraska and also all other I�WS� rules. orders, ord�nan�es and r�quirements af all o�h�r goWernmental agencies affectin�the Praperty. Lease th� Property. Lender may rent or �ease the whole❑r any part of the Prvperty fivr such t�rm or terms and on such�onditivns as Lender may deem appropriate. Employ Agents. Lender may engag� such agent or agents as Lender may deem appropriate. either in Lender's name or in Grantor's name, to rent and manage fhe Proper�y, including�he collection and appli�at�on vf Rents. �ther Acts. Lender may do all such vther �hings and acts with r�sp�ct to the Property as Lender may deem appropria�� and may act exclusively and svlely in the p[ace and stead of Granfivr and �o ha�e al� ofi the pow�rs of G ran#or for�he purposes stafed above. No Requirement ta A�t. Lender shall not be required to do any of�he f�regaing a�ts or things, and #he fact �hat Lend�r shall hav�e pe�-fvrmed ans or more of the f�regoin� acts or things sha�l not r�quire L�nder �a do any vther specifi�act ar thEng. APPLICATI�N �F RENTS. A11 c�sts and expens�s incurred by Lender in connection with the Pr�p�rty shall be fvr Grantvr's accaunt and Lender may pay such �osts and exp�ns�s trom the R�nts. Lender� �n its sole discret�on, shaif d�fiermine �he app[ica�ion of any and all Rents receiWed by i�; howeWer, any such Rents recei�ed by Lender whi�h are nat applied �o such costs and expenses sha[I be applied tv the Indebt�dness. A!I expend�tures made by Lender under this Assignment and not reim�ursed �rom the Rents shal! became a part of the lndebtedness secured by this Assignment, and shall be payable on demand,wi�h interes�at th� Not�rate from date of expenditure until paid. FULL PERFaRMANCE. If GrantQr pays all ❑f the lndebtedness when du� and o�herwise perfarms a�l the obligations imposed upon Grant�r under this Assignment,th� No�e, and fhe Relat�d ❑ocuments, L�nder shal�execute and deliWer#o Grantar a suitable satisfac�ion of this Assi�nment and suitable stat�m�nts of termination vf any financing statement on fi�e ��idencing Lend�r's security interest in th� R�nts and the Property. Any �ermina�tion fee required by law shall be paid by Crantor, �f permitted by applicable law, LENDER'� EXPENDITURES. l�any actian or pr�oceeding is commenced that wauld materialfy affect Lender's inferes� in �he Property or ifi Grantar fails to comply with any pra�isian v�th�s Assignmen�or any R�iated Do�uments, inc�uding bu�