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��14��17� A��I�Ni11�ENT �F RENT� Lvan Na: 'I��7�555 ��ontinued� Pag� 4 Property and �aflect the Ren�s, including amounts past due and unpaid, and apply the ne� proceeds, o�er and abo�e Lender's costs, against the [ndebtedness. In furtherance of this right, Lender shal[ haWe all �khe rights pro�ided �Fvr in th� Lend�r's Right to ReceiWe and Callect Rents Section, abo�e. lf the Ren�s are coilectsd by Lender, �hen Grantflr irreWocab[y designates Lender as Gran�or's attorney-in��ract�� endorse instruments recei�ed in payment thereof in the name nf Gran�tor and to negotiate the same and co[lec�the proce�ds. Payments by tenants vr other users to Lender in response to Lende�'s demand shall safisfy the obligafians for which the payments are made, whether or nat any pr�p�r grounds for fihe d�mand �xisted. Lender may exercise its rights under this subparagraph either in pe�svn, by agent, or thrflugh a recei�er. �ther Remedies. Lender shafl have a�l ofiher rights and remedies pro�ided in this Assignment vr the No�e �r by 1aw. Election of Remedies. Election by L�nder to pursue any remedy shali no�exclude pursuit of any other remedy, and an election to make expenditures�r to take action fio perfarm an�bli�a�Eon af Grantar under this Assignment, after Grantor's �ailure ta perform, sha�l not a�f��t Lender's right ta d��lare a de�ault an�exercise its remedies. Attarneys' Fees: Expenses. If Lender insti�u�es any suit ar a�tian #o enfiorce any �f the terms of this Assignment, Lender shall be entitl�� to rec�Wer such sum as �he court may adjudge reas�nable as attorneys' ��es at tria! and upon any appeal. Whe�her ❑r nof any C�urt a�tion is in�olWed� and �o the extent not prohibited by law, all reasonable expenses Lend�r incurs that in Lender's opinion are necessary at any time for the prote�tion af its �nteres�or�he enfarcement vf i�s r�ghts shall bsc�m� a part o�F�he Ind�btedness payahle �n demand and shall b�ar in�erest at�he Note rate from the dat�of fhe expendi�ure until repaid. Expenses co�ered by this paragraph include. without limitatian, howe�er subject to any limits und�r applicable [aw, Lender"s attorneys' fees and Lender's legal expenses, whether or not there is a iawsui�t, inciuding attorneys' fees and expenses for bankruptcy prviceedings tin�luding ef�fvrts tQ modi�y Qr�acat�any automa�tic s�ay�r injun�tian�, appeals, and any anticipafied post-judgment collectian ser�ices. the cost vf searching recards, ob�aining titie reports (including fvreclasure reports�. sur�eyors` repor�s, and appraisal �Fees, tEtl� insurance, and fees for �he Trustee. to the ext�n� permitted by appl��able law. Grantvr also will pay any court costs. in additi�n�n a[I other sums pravide� by law. MISCELL�4NE�US PR�V151�N5. Th�fo�lowing miscellanevus pro�isians are a part o�this Assignment: Amendments. Th�s Assignment, �og�ther wi�h any Relat�d Documents, c�ns�itu�tes the entire understanding and agreement of the part�es as to fhe mafi�ers set forth in this Assignm�nt. NQ alterati�n o� or am�ndment �o this Assignrnent shall be effectiv� unless gi��n in writin� and signed by the party vr parties s�ught t� be charged vr �ound by the alteration❑r amendmenfi. Caption Hea�ings. Caption headings in�his Assignment are��convenience purposes only and are not to be us�d to interpr�t ar de�ine the provisions of this Assignment. Gaverning Law. This Assignment wil[ be go�e�rned by �ederal la�r app�icab[e �o L�nder and, to the extsnt not preemptgd by federal taw,the[aws o�F the State�f Ne�raska without�egard to its conflic�s of lav►r pro�isions. This Assignment has heen accep#ed by Lender in the State of N�hraska. Choice of Venu�, �f ther� is a lawsuit� Grantor agr��s upon Lsnder's request t❑ submi� t❑ the jurisdicfiian vf the courts o�HALL�aun�y, State af Nebraska. Jvint and 5e�eral Liab�lifiy. A1! obligatians of gvrr�wer and Grantor und�r this Assignmenf shall be jaint and several. and a[l r�fierences ta �rant�r shall mean each and eWery�rantor, and all references to Borrvwer sha�! mean each and e�ery gorrQwer. This means that each Grantor sign�ng below is responsibl� fvr all ob[igations in this Ass�gnment. , Merger. There sha�l be n� merg�r of the in�erest ar estate created by �his assignmenf with any ��her interes� or es�ate in the Property at any tims held by or for the henefi�of Lender in any�apac�ty. v►rithou��he written c�nsent of Lend�r. Interpre�a�ion. �1 y In all cases where �here is m�re than one Barrawer ar G rantvr, then all w�rds used in this Assignmen� in the singular shall be deemed to ha�e be�n used in fhe p�ural where th� c�ntext and canstructian so require. {2} If m�re than ane persQn signs�this Assignment as "Gran�or." the o�[iga�ions vf each Grantor are joint and se��ra[. This means that i� Lender brings a lawsui�� Lender may sue any one or mora of the Grantors. If Borrower and �ran�or are na�the same person, Lender need no�sue Borrvwer first, and that Bo�rawer nse� not�e joined in any lawsuifi. �3� The names given to pa�a�raphs or sections in this Assignment are for con�en�ence purpases anfy. They are not�o �e us�d tv interpret ar define the provisions❑f this Assignment. Nv Vllairr�r by Lender. Lender shall not be deemed ta haWe waived any righ�s under th�s Ass�gnmen� un�ess such waiver is given in writing and signed by Lender. No d�lay or omissivn vn the part of Lender in exercising any right shall operate as a wai��r vf such r�ght or any o�her ri�ht. A wai�er by Lender of a pr��ision of th�s Assignment shal[ nv� pr�judice ar cvnsti�ut� a waiver of Lender's righ� otherwise to demand st�ict compliance with that provision �r any other prnrrisivn of this Assignment. No prior wai�er by Lender� nor any course af dealing between Lender and Grantor, shall c�nstifiute a wai�er of any af Lend�r's rights or o�F any vf Granto�-'s a�[igations as ta any future transactions. Whene�er i�he cor�ser�f ofi Lender is requir�d unde� this Assignment. the grant�ng af such consent by Lender in any instance shal� not �ansti�ute continuin� c�nsen� to subsequent instan�es where su�h consent is requir�d and in alf casss su�h consent may be granted or withheld in the sole d�scretion of Lender.