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��14��115
<br /> ►���I�NMENT �F RENT�
<br /> Loan No: '�fl'l�75'i�5 ��ont[t�u�d� Page 4�
<br /> Property and co�lect the Rents, including amaunts pas� due and unpaid, and apply the n�t pro�eeds, over and
<br /> abo►re Lender's costs. against the Indebtedn�ss. In furtherance af �his righ�. Lender shall have ali �he rights
<br /> pr�Wided for in the Lender's Right to Recei�� and Ca�l�ct Ren�s 5ec�ion, ab��e. I� the Ren�s are collect�d �y
<br /> Lender�then Gran�o�irr�voca�ly d�signates Lender as Grantor's attorney�in-fact t� endorse ins�ruments recsi�ed in
<br /> payment thereo�in�he name of Grantvr and�v negatiate�he same and callec�the proc�eds. Payments hy tenants
<br /> or other users �o Lender �n respanse to Lender's demand sha11 satisfy �he abligatians �or whi�h the payments are
<br /> mad�, whether ar not any praper grounds far �he demand existed. Lender may ex�rcise its rights under �his
<br /> subparagraph either in p�rson, by a�ent, ar through a re��i�er.
<br /> Qther Remedies. L�nder shall ha�e a�l �th�r rights and remedies provided in this Assignrnen� ar �h� Note ❑r by
<br /> �aw.
<br /> Elec�ion o�Remedies. Ele�tion by Lender ta pursue any rem�dy shall not ex�lude pursuit af any❑ther remedy, and
<br /> an el�ction�o mak� expenditu�es nr fi�tal�e ac�ion ta perform an abligativn af�rantar under this Assignment, a#fer
<br /> Grant�r's failure to perfarm, shall nafi a�Ffect Lender's right to declare a default and exercise its remedies.
<br /> A��tarneys' Fees: Expenses. lf Lender ins�itutes any suit or ac�ivn ta en��rce any of the �erms ofi this Assignmen�.
<br /> Lend�r shafl be entit[ed fo recvWer such sum as the cvurt may adjudge reasonable as attorneys' fees at trial and
<br /> upon any appeal. Whe�her ar not any cour� ac�ivn is in�vl��d, and t� the extent not prahibited by law, all
<br /> reasflnable expenses Lender incurs �hat in Lender's opini�n are ne�essary at any time for the protect�an vf its
<br /> in�erest or the enforcement of its ri�hts shall became a part af the lndebtedness payable vn demand and sha11 bear
<br /> interest at the Note rate�Fr�m the date of the �xpendi�u�e until r�paid. Expenses��vered by this paragraph include.
<br /> without limita�k�on, howe�er subjec�ta any limi�s under applicable law, Len�er's attorneys' fees and Lend�r's legal
<br /> expenses, whether or n�t there is a lawsuit, inc[uding at�orneys' ��es and expenses ��r- bankruptcy praceedings
<br /> �including efforts to mvdify�r vaca�e any autama�i�s�ay or injunctiony, app�a[s, and any anticipated post-judgm�nt
<br /> collec�ion ser�ic�s, the cost o�sear�hing re�ords, �btaining �itfe repor�s {including foreclasure repflrts�, surWeyors'
<br /> r�ports� and appraisai fees, tit�e insurance, and fees far the Trust��, to the extenfi permitted by applicable faw.
<br /> Grantor also will pay any��urt cos�s, En additian to all other sums pr�vided by law.
<br /> M15CELL►a►NE�US PR�VIS��NS. The following miscellaneous proWisions are a part vf this Assignm�nt;
<br /> Amendments. This Assignment, togefihe� ►rvi�h any Related ❑ocuments, constitutes �he entire understand3ng and
<br /> agreemen� of the par�ies as to the matters set forth in this Assignment. Nv alferation of or amendment t� this
<br /> Assignment shall be effe�ti�e unless giWen in writing and signed by the par�y ar par�ies sought to be charged or
<br /> bound by the alteration or amendmente
<br /> �ap�ion Headings. Capfi�vn headings in this Assignment are for conWenience purposes only and are not to be used
<br /> ta interpret or de�ine�he pro�isions of this Assignmen�.
<br /> Governing Law. This Ass�gnment will be go�erned by federal iaw applicable to Lender and, to the ex�ent not
<br /> preempted by f�d�ra1�aw.the laws of the State of Nebraska without regard to its canfli�ts of law prv�isivns. This
<br /> Assignment has b�en a��epfed by Lender in the Stat�of Nebraska.
<br /> �ho�ce of Venue. lf there is a {awsuit, �ran�or agrees upan Lender's reques� tv submit fo �he jurisdi�tivn of the
<br /> courts of HALL Coun�y, State af N��raska.
<br /> Joint and Several Liabi�ity. All obli�ati�ns of 6orrower and Grantar under this Assignmen� shall be jo�nt and
<br /> se�eral, and all references t�Grantor shall maan�ach and�v�ry Gran�or, and all references tv Borrower shall mean
<br /> each and e�ery garrower. This means that each Grantor signing bel�w is responsible far all a�ligatians �n this
<br /> Assi�nment. Vllhere any one or more of the�par�ies is a carporation� partnership, Eimited liability company ar similar
<br /> en�Ety, it is nat necessary��r Lender to inquire intv�he pawers of any of the o�F�icers, directors, partn�rs, members.
<br /> or ather a�en�ts ac�ing or purpor�ing �❑ a�t on �he entity's b�half, and any ��ligatians made or created in refiance
<br /> upon the prv�ess��l sxer�ise of such powers shall be guaranteed under�his Assignment.
<br /> Merger, Ther� shail be na merg�r of �he interest or �state created by this assignment with any other interest or
<br /> esta�e in the Property at any�im� held by or far the benefi�of Lender in any capacity, without the writ�en consent
<br /> af Lender.
<br /> Interpre�ation. ��y In al! cases where �here is more than vn� Borravuer or Grantor, then a�l wor�s used in this
<br /> Assignm�nt in the s�ngular shall be deem�d ta ha�e been used in the plurai where �he�on�ext and const�uction sv
<br /> require. �2} If m�re�han one person signs this Assignment as "Grantor," �he nbliga�ions vf sa�h Grantor are joint
<br /> and s���ra1. This means that if Lender �arings a lawsuit, Lender may sue any one or mar� of the Grantors. 1�
<br /> Borrower and Grantvr are not the same person� L�nder need not sue Barrawer�irsfi, and that Borrower need not be
<br /> �oined in any lawsuit. �3} The names gi�en to paragraphs ar sections in this Assi�nrnent are f�r can�enience
<br /> purpases only. They are not t� be used to interpr�t or defiine the proWisions of this Assignment.
<br /> Na Waiver by Lender. Lender shall no� be de�med to ha�e vuaived any righ�s under �his Assignment unless such
<br /> wai�er is gEven in writing and signed by Lender. iVo delay or am�ssion on the part of Lender in exercising any right
<br /> shal! operate as a wai��r vf such right ar any a�her right. A wai�er by Lender ofi a pro�isi�n of this Assignment
<br /> shall not pr�judice or cons�itufie a wai�er a� Lender's righ� o�herwise ta demand s�rict cvmpliance wi�h that
<br /> prvWision or any othe� provision vf this Assignment. No prior wai�er by Lender, nar any�ourse of dealing between
<br /> Lender and Grantor, sha1� constitute a wai�er of any Qf Lender's rights or of any of Grantor's obligations as to any
<br /> fu�ure �ransactivns. Whene�er �he �ansent nf Lender is required under this Assignment, the gran�ing af such
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