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��14�1471 A�5lGNNiE1VT �F F�ENTS Laan Nn: 'I�7�74139 ��ontinued} Page Z lav►r, or any other law which may prevenfi Lender frvm bringin� any action against Granto�, including a claim #or defici�ncy�o the �xtent Lender is othervuise entit�ed to a c�aim for defiiciency, bef�re ar afiter Lender's commenc�men� or completi�n�f any f�reclosure activn, either judicially or by exercise of a pawer of sale, �DRR�WER'S WAIVERS AND RESP�NSIB�LITIES. Lender need not tell B�rrawer abvu�t any activn vr inactiQn Lender takes in c�nnect�on with this Assignmen�. 6orrovver assumes the resp�nsibili�y far be�ng and keeping infvrmed about the Proper�ty. Borr�wer wai�es any de�enses that may arise because af any actifln �r inactivn of Lender, inc�udin� �rvithaut limitation any fai[ure of Lender to realize upon the Property, or any delay hy Lend�r in realizing upon the Praperty. gorrower agrees �� remain liable under the No�e with Lender no matter what action Lender takes ar faifs ta take under this Assignment. PAYMENT AND PERF�RMANCE, Excep� as otherwise provided in this Assignment or any Re�ated Documents, Grantor shall pay to Lender all amoun�s secured by �his Assi�nment as they laecome du�, and shall strictly perform alI of , Grantar's oblEgations under this Assignment. Unless and until Lender�xercises its right�o collect the Ren�s as proWid�d below and sn lvng as there is no �e�ault under this Assignmen�t. Grantor may remain in passessian and ��n�rol of and opera�e and manage the Property and �olsec�the Rents, pro�ided tha�the granting �f�the right�v col[�ct th� Rents shall not cons�itute Lender's consent to�khe use��cash cvllateral in a bankruptcy proceeding. �RANT�R'S REPRESENTAT[DNS AND 1NARRANTIES. Grant�r warran�s tha�: �wnership. Grant�r is entitled to recei�e the Rents fr�� and cl�ar of a[I rights, loans, iiens, encumbrances, and �faims except as disc�osed ta and accept�d by Lender in writing. Right tv �4ssign. �rantor has the full right. pawer and authority ta �n�er into this Assignmen� and ta assign and �onWey the Rents t� L�nder. No Prior Assignrnent. Grantor has not pre�iously assigned or conveyed th� Rents to any vther person by any �nstrument now in f�rce. Nv Furth�r Transfer. �rantor will not sell, assi�n, encum�er, �r vth�rwise dispose of any of Grantor's rights in the Rents excep�as proWided in this Assignment. LElV�7ER'S RIGHT TQ RECE�VE AND CQLLECT RENTS. Lender shall have the right at any time, and e�en though no default shall ha�e vccurred under this Assignment. ta colle�t and rec�i��the Rents, For this purpase, Lender is hereby gi�en and granted the f�llowing rights, powers and authority: Nvtice fio Tenants. Lender may send nntices to any and a1l tenants of the Proper�y advising �hem of this Assignment and directing all Rents ta he paid directly ta Lender or Lender's agent. - Enter the Pr�perty. L�nder may enter up�n and t�ke possession of the Property; demand, cvllect and receive from the tenants �r fr�m any o�h�r persons liable �herefor, a�l of the Rents; insti�ute and �arry �n all lega! proceedings n�c�ssary for �he protection vf the Property. including such praceedings as rnay be necessary to recoWer p�ssession of the Property; colle�t�he Rents and remo�e any tenan��r tenants or other persons firom the Praperty. N[aintain�he Pr�perty. Len�er may enter upon the Prap�rty t� maintain �the Prap�rty and k��p�he same in repair; to pay th� �osts fiherevf and of al[ serWices af a�l employees, including th�ir equipment, and o� ail con�inu�ng costs and expenses o�maintaining the Prvper�y in proper repair and condition, and alsv�❑ pay all taxes, assessmen�s and water utiEifiies, and�he premiums vn fire and oth�r insuran�e effected by Lender an the Property. Comptian�e w�th Laws. Lender may do any and all �hings �� execute and comply with �h� faws of the State of Nebraska and also a1i other iaws, rules� orders, ordinances and r�quirem�nts of a11 oth�r gv��rnmental agen�ies affe�ting the Property. Lease the Property. Lender may rent�r lease the ►rvhole or any part�f�he Pr�perty for such term or t�rms and �n such��ndifiians as Lender may d��m appropriate. Empl�y Agents. Lender may engage su�h agent or agents as Lender may deem appropriat�. either in Lender's name or in Grantor's nam�, tn r�nt and manage�he Prvperty. includ�ng th�colle�tian and appli�ation a�R�nts. �ther A�ts. Lender may do all such other �things and acts wi�h respec� to �he Property as Lender may deem apprvpriate and may ac�t exclus�vely and svlely in the place and stead of Grantor and to ha�e all o�the powers of G ran�ar f�r�he purposes stated above. No Requir�men�tv Act. Lender shall nat be required to �o any o�the �oreg�ing a��ts o� things, and the fac��hat Lender shall ha�e performed �ne or mare af �he foregving acts or things shali not require L�nder to dv any other sp�cific act or thing. �IPPLICATI�N �F RENTS. All �asts and expenses incu�-red hy Lender in cvnnection with th� Prop�rty sha11 he fvr Grantor's ac�ount and Lender may pay su�h costs and expenses fram �the Ren�s. Lender, En its sole discretion, shall determine �the application �f any and all R�nts rec�ived by it; haweWer, any such Ren�s received by L�nder rrvhich are not applied to su�h costs and expenses shal� be applied to the Indebtedness. A!I expenditures made by Lender under this Assignment and no� reimbursed from the Rents shall become a par�t o� the Indebtedness secured by this Assignment, and shall �e payabla on demand, v►rith interest at the Nate ra�e from dat�of expendi�ure unti� paid. FULL PERF�RMANCE. lf Grant�r pays all t�f the lndebtedness vuhen du� and athe�wise perfarms all the abliga�inns imposed upon Gran�or und�r this Assi�nment, the No�e, an�the Refated Dacumsn�s, Lender sha11 �xecute and deEiWe�to