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Loan No: 101275594 <br />201403455 <br />ASSIGNMENT OF RENTS <br />(Continued) Page 3 <br />of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) <br />be payable on demand; (B) be added to the balance of the Credit Agreement and be apportioned among and be <br />payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or <br />(2) the remaining term of the Credit Agreement; or (C) be treated as a balloon payment which will be due and payable <br />at the Credit Agreement's maturity. The Assignment also will secure payment of these amounts. The rights provided <br />for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account <br />of any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any <br />remedy that it otherwise would have had. <br />EVENTS OF DEFAULT. Grantor will be in default under this Assignment if any of the following happen: (A) Grantor <br />commits fraud or makes a material misrepresentation at any time in connection with the Credit Agreement. This can <br />include, for example, a false statement about Grantor's income, assets, liabilities, or any other aspects of Grantor's <br />financial condition. (B) Grantor does not meet the repayment terms of the Credit Agreement. (C) Grantor's action or <br />inaction adversely affects the collateral or Lender's rights in the collateral. This can include, for example, failure to <br />maintain required insurance, waste or destructive use of the dwelling, failure to pay taxes, death of all persons liable on <br />the account, transfer of title or sale of the dwelling, creation of a senior lien on the dwelling without Lender's <br />permission, foreclosure by the holder of another lien, or the use of funds or the dwelling for prohibited purposes. <br />RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, Lender <br />may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided <br />by law: <br />Accelerate Indebtedness. Lender shall have the right at its option to declare the entire Indebtedness immediately <br />due and payable, including any prepayment penalty that Grantor would be required to pay. <br />Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and <br />collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's <br />costs, against the Indebtedness. In furtherance of this right, Lender shall have all the rights provided for in the <br />Lender's Right to Receive and Collect Rents Section, above. If the Rents are collected by Lender, then Grantor <br />irrevocably designates Lender as Grantor's attorney -in -fact to endorse instruments received in payment thereof in <br />the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to <br />Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or <br />not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in <br />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 <br />law. <br />Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or <br />together. An election by Lender to choose any one remedy will not bar Lender from using any other remedy. If <br />Lender decides to spend money or to perform any of Grantor's obligations under this Assignment, after Grantor's <br />failure to do so, that decision by Lender will not affect Lender's right to declare Grantor in default and to exercise <br />Lender's 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 <br />upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all <br />reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its <br />interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear <br />interest at the Credit Agreement rate from the date of the expenditure until repaid. Expenses covered by this <br />paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees <br />and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for <br />bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any <br />anticipated post - judgment collection services, the cost of searching records, obtaining title reports (including <br />foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent <br />permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. <br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Assignment: <br />Amendments. What is written in this Assignment and in the Related Documents is Grantor's entire agreement <br />with Lender concerning the matters covered by this Assignment. To be effective, any change or amendment to <br />this Assignment must be in writing and must be signed by whoever will be bound or obligated by the change or <br />amendment. <br />Caption Headings. Caption headings in this Assignment are for convenience purposes only and are not to be used <br />to interpret or define the provisions of this Assignment. <br />Governing Law. This Assignment will be governed by federal taw applicable to Lender and, to the extent not <br />preempted by federal law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This <br />Assignment has been accepted by Lender in the State of Nebraska. <br />Joint and Several Liability. All obligations of Grantor under this Assignment shall be joint and several, and all <br />references to Grantor shall mean each and every Grantor. This means that each Grantor signing below is <br />