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201400876
<br /> same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall
<br /> satisfy the obiigations for which the payments are made, whether or not any proper grounds for the demand existed.
<br /> Lender may exercise its rights under this subparagraph 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 law.
<br /> Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy,and an
<br /> election to make expenditures or to take action to perform an obligation of Grantor under this Assignment,after Grantor's
<br /> failure to perform,shall not affect Lender's right to declare a default and exercise its remedies.
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Assignment,
<br /> Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys'fees at trial and upon any
<br /> appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses
<br /> Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its
<br /> rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date
<br /> of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any
<br /> limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit,
<br /> including attorneys'fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic
<br /> stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records,
<br /> obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for
<br /> the Trustee,to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums
<br /> 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 as to the matters set forth in this Assignment. No alteration of or amendment to this Assignment
<br /> shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the
<br /> alteration or amendment.
<br /> Caption Headings. Caption headings in this Assignment are for convenience purposes only and are not to be used to
<br /> interpret or define the provisions of this Assignment.
<br /> Governing Law. With respect to procedural matters related to the perfection and enforcement of Lender's rights
<br /> against the Property,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. In all other respects, this Assignment will be
<br /> governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the
<br /> State of Missouri without regard to its conflicts of law provisions. The loan transaction that is evidenced by the
<br /> Note and this Assignment has been applied for, considered, approved and made, and all necessary loan
<br /> documents have been accepted by Lender in the State of Missouri.
<br /> Choice of Venue. If there is a lawsuit,Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of
<br /> JACKSON County,State of Missouri.
<br /> Merger. There shall be no merger of the interest or estate created by this assignment with any other interest or estate in
<br /> the Property at any time held by or for the benefit of Lender in any capacity,without the written consent of Lender.
<br /> Interpretation. (1) In all cases where there is more than one Borrower or Grantor, then all 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 than one person signs this Assignment as "Grantor,"the obligations of each Grantor are joint and
<br /> several. This means that if Lender brings a lawsuit, Lender may sue any one or more of the Grantors. If Borrower and
<br /> Grantor are not the same person, Lender need not sue Borrower first, and that Borrower need not be joined in any
<br /> lawsuit. (3)The names given to paragraphs or sections in this Assignment are for convenience purposes only.They are
<br /> not to be used to interpret or define the provisions of this Assignment.
<br /> No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Assignment unless such waiver
<br /> is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate
<br /> as a waiver of such right or any other right. A waiver by Lender of a provision of this Assignment shall not prejudice or
<br /> constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of
<br /> this Assignment. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a
<br /> waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of
<br /> Lender is required under this Assignment, the granting of such consent by Lender in any instance shall not constitute
<br /> continuing consent to subsequent instances where such consent is required and in all cases such consent may be
<br /> 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 effective when
<br /> actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a
<br /> nationally recognized overnight courier, or, if mailed,when deposited in the United States mail, as first class, certified or
<br /> registered mail postage prepaid,directed to the addresses shown near the beginning of this Assignment. Any party may
<br /> change its address for notices under this Assignment by giving formal written notice to the other parties, specifying that
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<br /> Assignment of Rents
<br /> 2013-260
<br /> WA 4733584.4
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