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��14��117 �S51�N�ENT �F �EN�fS Lvan Na: '1012751 U2 ��C3nt[nu�d� Page 4 due and payable, including any prepaymen�penal�y that Borrower would b� required tv pay. Ca[fe�t Ren�s. Lender shall ha�e the right, wi�hout nvtice ta Borrower vr Grantvr, �o take pass�ssian vf the Property and colle�t the Rents, in�luding amaun#s past due and unpaidf and appfy the net proceeds� oWer and abo�e L�nder's C05t5, against �he �ndebfiedn�ss. fn furtheran�e of this right. Lender shafi have a1� �he rights proWid�d for in the Lender's Right to Rs�ei�e and Co�lect Rents Ssctivn, aboWe. l� �he Rents are collecfed by Lender,then Grant�r irre�oca��y designa�es Lend�r as Grant�r's att�rn�y-in-�a�t ta endorse ins�kruments rec�ived in payment thereof in the name of�ranfior and to negotiate�he same and collect the�roceeds. Paymen�s by tenanfis ❑r other ussrs �a Lender in respvnse to L�nd�r's demand shall sa�tisfiy the vb[i�a�ions for ►rvhich the payments are made, whether ar no� any proper grounds f�r the demand existed. Lender may exercise its righfs under this subparagraph either in person. by ag�nt, or through a rec�iWer. a�ther Rem�dies. Lend�r shall have afl ather righ�s and remedies provided in this Assignment or the No�e or by law, Electian of Remedies. El�c�ion by Lender ta pursue any r�medy shall not ex�lude pursui�o�any vth�r remedy, and an election to make expen�i�ures or�v take action tv perfarm an vbligation o�Grantar under this Ass�gnmenfi, after G rant�r's fiailure tv p�rform, shall nat af�ect Lender's right to declare a de�aul�and exercise its remedies. Attarneys' Fees: Expenses. If Lender ins�kitu�es any sui�or ac�ian �o enforce any of the terms af�his Assignment� Lender shall be entitled to recover such sum as the cvur� may ad�ud�e reasanahle as atfo�neys' fees at firial and upon any appealo Vllheth�r or not any c�urt acti�n is in�vl��d, and ta the sxtent n�� prohibit�d by [aw, al� reasanable expenses Lender incurs �hat in L�nder's apinian are necessary at any time f�r the pro�ection of its int�rest or the enforcement vf its rights shal� ��came a part�f the Inde��edness payable on demand and shaEl bear in�erest at th� Nate rate from fihe date of the expenditure unti� r�paid. Expenses co�ered by this paragraph inc�ude, � withaut limitatian, howe�er subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal exp�nses. whethe� or nat �her� is a lawsuit� inc�uding at�orneys' fees and expenses �F�r bankruptcy proceedings {incfuding efforfis to modi�y or�acate any autvmatic stay or in;unction�� appeals, and any anticipat�d post-judgment �ollection ser�ices, �he cvs�t a�searching recards, obtaining tit�e repvrfis (including fioreclosure repvrtsf, surWeyors' reparts, and appraisal fees� ti�le insurance, and fees for the Trustee, to the ex�ent permit��d �y applicable law. �ran�tvr also wil� pay any caurt c�s�s, in addition t� all other sums pr��ided by law. IVIISCELLANE�US PR�V�SIDlVS. The��Ilowing mis�ellane�us pro�isions are a part of this Assignment: Amendments. This Assignment, together with any Related D�cuments, �onstitutes the en�ire und�rstanding and agreem�nt of th� parties as fiv the matters se� far�h in this Assignment. No a��teration vf ar amendmen� to �his Assignment shal! be ��F�FectiWe unless gi�en in writing and signed by the party or par�ies sought t� be charged or bound �y�he al��rafiion�r amendment. Caption Headin�s. Captivn headings in this Assignment are far��n�enience purposes only and are not to be used to in�erpret�r define�he pro�is�ons af th�s Assignment. Covernin� Law. This Assignment wil� be gov�rned by federal 1aw a�pl�cable to Lender and, to the extent no� pr�empted by��deral law.the laws v�the Sta�r�ofi Nebraska without regard fio its con�licts af�aw provisians. 'This ►4ssignment has been accepted by L�nder in the State of Nebraska. Choice vf Venue. If there is a iawsuit, �ran�tar agrees upon Lend�r's request tv suhmi� tQ the jurisdictian o�f the cour�s o#HALL Coun�y, State�f Nebraska. Join�r and Se►reral Liabili�y. All obli�ations �f Borrower and �rantor under �his Assignmen�t shali be �oint and several, and afl references to Grantor shall mean each and e�ery Grantar, and all re�erences to 6arrower shall mean ea�h and every 6orrower. This means �hat each �rantor signing belaw is responsible �For all obligat€ons �n this Assignment. Merger. There shall be no merger ❑f the interest or esta�e created by this assignment with any other interest ar estafie in th� Prvperty at any time held by or�or�h� benefit of Lender in any capac�ty, without th� written consent af Lsnder. lnterpretat�vn. �1 f fn all cases where there is m�re than �ne Borrawer or Gran�or, �hen all wvrds used in this Assignm�nt in the singular shall b�deemed �v have b�en used in the plural where fihe con�ex�t and construction sv require. t2y [f more than on� p�rson signs �his Assignment as "Granfior," the ohl�ga�ions of each Grantor are joint and s�W�ral. This means that if Lender brings a lawsuif, Lender may sue any one or mare of fihe Gran�ors. !f Barrower and Grantvr are not th�same person. Lender n�ed not sue Borrawer first. and that Barrower need not be jained in any lawsuit. �3} The names �i�en to paragraphs or sections in this Assignment are for cvn�enience purpvses only. They are nvf t�be used to interpret or define the pr�visions of this Assignment. Na Waiver by Lender. Lend�r shall not be deemed �❑ have waiWed any �ights under this Assignment un[ess such waiver is given in writing and sign�d by Lend�r. No delay�r omission on the part of Lender in exercising any right shal� operate as a wai�er of such right or any nther right. A wai�er by Lender of a pro�ision of �his Assi�nment shall nat prejudice �r constitute a wai�er vf Lender's right atherwise to d�mand sfirict compliance with tha� provision or any othe� prv�ision of�his Assignmen�. No prior wai�er by Lender� nor�any c�urse o�dea[ing be�ween Lender and Grant�r, shail cons�itute a wa�Wer af any of Lender's rights or of any of Grantor's ��li�a�ions as to any �uture transactions. VIlhene�er the consent of Lender is requir�d under �his Assi�nmen�, the gran�ing vf such