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��15�519U <br /> ►4►SSI�NI�IENT �F F�ENTS <br /> Loan No: 1�'i�S�D47 ��antinued� Page 4 <br /> the name of �rantar and to negotiate �h� same and collect the proc�eds. Payments by t�nants or v�her users to <br /> Lender in response to Lender's demand shall satisfy�he abligati�ns �Far ►rvhi�h�he payments are made, whe�h�r or <br /> not any �arvper grounds for the demand existed. Lender may exercise its righ�s under this subparagraph ei�her in <br /> person, by agent, or through a recei�er. <br /> �ther Remedies. L�nder shall haWe all ather righfs and r�medies prvWided in this Assignment vr the Nate or by <br /> law. <br /> Election of Remedies. Ele���on b� Len�er fio pursue any remedy shall not exclude pursuit of any other remedy, and <br /> an efection�❑make expendi�ures or ta take action to perform an�bligatian a#�rantor under this Assignmenfi,a#ter <br /> Grantor's#ailure to p�rform,sha�! not affe�t Lender's ri�ht tv declare a default and exercise its remedies= <br /> Atta�rneys' Fees: Expenses. If Lender insti�utes any suit ar a�tian to enfarce any of the terms of this Assignment, <br /> Lender shall be entitled �o recaWer such sum as �h� courfi rnay adjudg� reasonable as attarneys' fees at trial and <br /> upon any appeal. Vllhether or not any cour� a�tion is invol��d, and to the extent not prohibited by 1aw, all <br /> reasanable expenses Lend�r incurs that in Lender's vpinion ar� necessary at any tirne for the protec�i�n of its <br /> interest�r the enforesment of i�s rights shall become a part of th� lnd�bfedn�ss payable ❑n demand and shal! bear <br /> interest at the Na#e ra�e from the date of�he exp�nditure un�il repaid. Expenses co�er�d hy this paragraph include, <br /> without �imitatian, hvwever subjec�t❑ any limits under applicable Zarrv. Lend�r's a�tarneys' fees and Lender's legal <br /> expenses, whether or n�t there is a lawsuit, in�luding attorneys' fees and expenses for bankruptcy proceedings <br /> ([ncluding e�f�rts t❑modify�r va�ate any autt�matic stay ar injunctiany, appeals, and any anticipa�ed pos�-audgment <br /> �olleG�ian se�'vi�es, the cvst o�F searching recvrds, obtaining title reports {including �Fvre�losure reports�, sur�eyars' <br /> �eports, and appraisal fees, titfe insurance, and fe�s for the Trustee, to �he extent permitted by applicable law. <br /> �rantar aisa will pay any�ourt cos�s, in add�tion t�all ather sums pro�ided by law. <br /> M15CELLANE�US PR4VISIaIVS. The fallowing misc�llan�aus pr�visions are a part af this Assignment: <br /> Amendrnents. This Assignm�nt, tog��h�r wi�h any �elated Do�uments, c�nstifiutes �he �ntire understanding and <br /> agreement of the parties as to the rnat�ters set �orth in this Assignment. No altera�ian �f flr amendmen� tn this <br /> Assignment sha�l be effecti�e unless gi��n in writing and signed by the par�ty ar parties saught �a be charged ❑r <br /> bound by the alteratian ar arnendment. <br /> Capti�n Headings. Cap�ion h�adings in this Assignmen�are for c�n�enience purposes only and are nvt ta be us�d <br /> t❑interpref vr defin�the provisians of this Assignment. <br /> Governing Law. This Assignment will be governed by federal law appii�abl� to Lender and, to the exfienfi not <br /> preempted by�ederal law,the la►nrs o�the State of Nebraska without regard to its cvnfii�ts o�law pro�isions o This <br /> Assignment has been a�cepted by L�nder in the 5tate af Nebraska. <br /> Choice of Venue. If there is a lawsuit, �rantor agrees upan L�nder's request ta submi��o the jurisdiction af the <br /> courts af HALL Caunty� State of Ne�raska, <br /> ' J�int and 5evera[ Liability. AIf obligati�ns of Grantor under this Assignment shall be joint and seWeral, and a!I <br /> referenc�s �o Grantor shall mean ea�h and e�ery �rantor. This m�ans �that each Grantar signing belaw is <br /> responsible�or all abligativns in�his A�signm�nt. <br /> Merger. There shali be na merger of the interest or estate created by this assignmenfi with any ❑ther inter�st ar <br /> es�ate in the Pr�perty at any time h�ld by vr for the benefit�f L�nder in any capacity, wi�hout the written consent <br /> �f Lender, <br /> interpretatian. {'�} In all cases where there is more than ane Borrower or Grantor, then afl words used in this <br /> Assignment in�he singular shall be deem�d to have been used in the plural where the context and construction so <br /> re�uire. �2] If more�han one person signs this Assignrnent as "Gran��r," the obligatians of each Grantor are joinr <br /> and se�eral. This means that if Lender brings a lawsuit, Lender may sue any vne or more of the Grantvrs. If <br /> garrawer and Grantor ar� nat the sam� person, Lender need n�t sue Borrow�r first, and that Borrower need not be <br /> j�ined in any lawsuit. {3� The names given �o para�raphs or sections in �this Assignment are for con�enience <br /> purp�ses an1y.They are not ta b�us�d ta interpret or define the pravisions of this Assignment. <br /> Na Wai�e� hy Lender. Lender sha�l nat be deemed to haWe wai�ed any rights undar this Assignment unless such <br /> wai�rer is given�n writing and signed by Lender. Na delay vr omEssion on the part o�F Lender in exercis�ng any right <br /> shall ❑p�rat� as a waiver o�su�h right ar any other right. A wai�er by Lender vf a pro�isian ❑f �his Assignment <br /> shall nat prejudice or cansti�ute a wai�er of Lender's right atherwise ta demand strict campliance with �hat <br /> pro�isivn ar any other prvWisivn of this Assignment. No privr wai�er by Lender. nor any c�urse of dealing between <br /> L�nder and �rant�r, shall constitute a wai��r vf any of Lender's rights�r of any of Grantar's obEigations as to any <br /> future transactians. Whenever the cnnsent af Lender is required under fhis Assignmenfi, the gran�ing of such <br /> consent by Lender in any instance shall not constitute can�inuin� consent to subs�quent instances wh�re such <br /> �vnsent is required and in a!I cases such cansent may be granted or withheld in�h�svle discretian�f Lender. <br /> Not���s. Any notic� required to be gi�en under �h�s Assignm�nt shall be gi�en in writing, and shall b� effe�ti�e <br /> when actua�ly d�liver�d, when ac�ually r�cei�ed by telefacsimile �unless atherwise requi�ed by lawy, when <br /> deposited with a national[y recagn�z�d oWernight courier� ❑r, if mailed, when deposited in the �nited 5tates mail, as <br /> first�lass, certified or r�gistered mail pasta�e prepaid, directed ta the addr�sses sho�rvn near the beginning of this <br /> Assignm�nt. Any party may change its address fior notices under this Assignment by gi�ing �ormal written n�tEce <br />