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� ��14���97
<br /> ASSI�NMENT �F RENTS
<br /> Loan No: 35��'I D997 ��orltirlu�Cl� Page 3
<br /> prospect af payment or perfarmanc�vf the Indebtedness is impaired.
<br /> � Insecurity. Lender in gvod fa�th belie�es itself insecure.
<br /> RIGHTS AND REMEDIES �N DEFAULT. Upon the vccurr�nce of any E�ent❑f Default and at any time thereafter, Lender
<br /> may exercise any one or more �f#he foliowing rights and remedies, in addition to any other rights or remedies pro�ided
<br /> by law:
<br /> Accelerate Indebtedness. Lender shall ha�e the right at its optivn to declare the entire Indebtedness immediately
<br /> due and payable, including any prepayment penalty that Grantar would be required to pay.
<br /> Cvllect Rents. Lender shall ha�e the right, without notice to Grantor, to take p�ssession of the Property and
<br /> collect the Rents, inc�udin� amounts past due and unpaid, and apply the net proceeds, o�er and a�o�e Lender's
<br /> costs, against the Inde�t�dness. In furtherance of this right, Lender shall ha�e all the rights pro�ided for in the
<br /> Lender's Right to Recei�e and Collect Rents 5e�tion, abo�e. I� the Rents are cvllected by L�nder, then Grantor
<br /> ir�e�ocably designat�s Lender as Grantor's attorney-in-fa�t ta endorse instruments recei�ed in payment thereo� in
<br /> the name of Granto� and tv negotiate the same and callect the pro�eeds. Payments by tenants or ather users to
<br /> Lender in response to Lender's demand sha�l satisfy the obligations for which the payments are made, whether or
<br /> not any proper grounds far �he demand existed. Lender may exercise its rights under this subparagraph either in .
<br /> persvn, by agent, or through a recei�er.
<br /> q#her Remedi�s. Lender shall ha�e all other rights and remedies pro��ded in �his Assignment or the Note or by
<br /> iaw.
<br /> E�ect�on of Remedies. E�ectivn hy Lender ta pursue any remedy shall not exclude pursuit of any other remedy, and
<br /> an electivn to make expenditures or to take action to perfarm an ob�igatian vf Grantor under this Assignment, after
<br /> Grantor's 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 vf the terms af this Assignment,
<br /> Lender shall �e entitled tv re�o�er such sum as the court may adjudge reasanable as attarneys' fees at trial and
<br /> upon any appeaf. Wh�ther or nvt any court actian is in�al�ed, and to the extent nvt prahihited by law, a!I
<br /> reasonable expenses Lender incurs that in Lender's vpinion are necessary at any time for the prvtection af its
<br /> interest or the enforcement of its rights shall become a part o#the Indebtedness payable on demand and shall bear
<br /> interest at the Nate rate from the date af the exp�nditure until repaid. Expenses cv�ered by this paragraph include,
<br /> without limitation, hvwe�er sub�ect to any limits under applicable �aw, Lender's attorneys' fees and Lender's lega�
<br /> expenses, whether or not there is a lawsuit, Encluding attorneys' fees and expenses far bankruptcy p�aceedings
<br /> �including effvrts t❑ modify or �acate any automatic stay or injunction�, appeals, and any anticipated post-judgment
<br /> collection ser�ices, the cost of searching recvrds, abtaining title repvr�s �inGluding fvreclvsure reportsf, sur�eyors'
<br /> reports, and appraisal fees, titfe insurance, and fees for the Truste�, to the extent permitted by appficable law.
<br /> Grantor also will pay any caurt�osts, in addition to a�l oth�r sums pro�ided by�law.
<br /> M15CELLANE�US PROV15l�N5. The followin� miscellaneous pro�isians are a part of this Assignment:
<br /> Amendments. This Assignment, together with any Related Do�uments, constitutes the entire understanding and
<br /> agreement.of the parties as to the matters set �orth in this Assignment. No aiterativn of or amendment to this
<br /> Assignment shall be effiecti�e unless gi�en in writing and signed by the party vr parties sought to be �harged or
<br /> bound by the alteration or amendment., . .
<br /> Captian Headings. Caption headings in this Assignment are fvr cvn�enience purposes only and are nvt to be used
<br /> to interpret or define the pro�isions of this Assignment.
<br /> Go�erning Law. This Assignment will be gv�erned hy federal !aw applicahle to Lender and, to �he extent not
<br /> preempted hy federal law, the laws of the 5tate�f Nebraska without regard tv its con#lic#s af law pra�isions. This
<br /> Assignment has been accepted by Lender in the 5tate of Nebraska.
<br /> Merger. There shall be no merger of the interest or estate created by this assignment with any other interest ar
<br /> estate in the Pr�perty at any time he�d by or for th� benefit of Lender in any capacity, without the written consen�
<br /> of Lender. - '
<br /> Interpretatian. t1 f fn all cases where thQr� is more than one 6vrrower or Grantor, then all w�rds used in this
<br /> Assignment in the singufar shall be deemed tv ha�e be�n used in the plural wh�re the can�ext and construction so �
<br /> require. (2y If more than one person signs this Assignment as "Grantor," the vbligations vf each Grantor are joint
<br /> and se��ral. This means that if Lender brings a lawsuit, Lender may sue any one or mvre of the Grantors. �f
<br /> Borrower and Grantor are nvt the same person, Lender need not sue Borrawer first, and that Borrower need nvt be
<br /> joined in any lawsuit. �3f The names gi�en ta paragraphs or sections in this Assignment are for con�enience
<br /> purposes only. They are not to be used to interpret or defin�the pr��isions of this Assignment.
<br /> � No Wai�er by Lender. Lender shall not he deemed to ha�e wai�ed any righ�s under this Assignment unless su�h � �
<br /> wai�er is gi�en in writing and signed by Lender. No delay or omissFan an the part of Lender in exercising any r+ght
<br /> shall operate as a wai�er o� such righ� or any vther right. A wai�er by Lender of a prv�isi�n of this Assignment
<br /> shall not prejudice or constttute a wai�er of Lender's right otherwise ta demand strict compliance with that
<br /> pro�is+on or any other pro�ision of this Assignment. No prior wai�er by Lender, nor any course of dealing betw�en
<br /> Lender and Grantar, shall constitute a wai�er of any of Lender's rights or of any vf Grantor's abligati�ns as t� any
<br /> future transactions. Whene�er the �vnsen� of Lend�r is required under this Assignment, the granting ❑f such
<br /> consent by Lender in any instance shall na� constitute continuing �onsent t� subsequent instan�es where such
<br /> consent is required and in ail cases such cons�nt may be granted or withheld in the sale discretion❑f L�nder. .
<br /> � No#ices. Any notice required to be gi�en under this Assignment shall be gi�en in writing, and shall be effecti�e
<br /> when actually� de�i�ered, when actually recei�ed by telefa�simile �unless otherwise required by law�, when
<br /> deposited with a nationally recognized o�ernight courier, or, if mailed, when deposited in the United 5tat�s mail, as
<br /> first �lass, certified or regis�ered mail postage prepaid, directed to the addresses shown near the beginning o#th�s
<br /> Assignment. Any party may change its address for notices under this Assignment by gi�ing formal written n�tice
<br /> ta the vther parties, specifying that the purpose of the notice is to change the party's address. For nvtice
<br /> purposes, Grantor agrees ta k�ep Lender infarmed at all �imes of Grantor's current address. Unless otherwise
<br /> pro�ided or reauired b� faw. if there is more than one Grantor. an� notice ❑i�en h� LenriQr tn an� C�rantnr i�
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