Laserfiche WebLink
200001503 <br />14. The collection and application of the Rents, issues, <br />profits and avails of said Real Property or Personal Property, or <br />the exercise of any other right, power or authority hereunder by <br />Lender shall not, of itself, cure or waive any default or <br />declaration or notice of default under said instrument of <br />security or note or affect any foreclosure proceeding predicated <br />thereon. <br />15. Any breach of or default in any of Borrower's <br />obligations, covenants, representations or warranties herein <br />shall also constitute a default under any and all Note, <br />mortgages, deeds of trust, security agreements and any other <br />documents and instruments executed by Borrower in favor or for <br />the benefit of Lender. <br />16. Any provisions in any other agreement creating rights <br />in Lender other than those created herein shall be deemed <br />incorporated herein by reference and made a part hereof for all <br />purposes. In case of a conflict between any provision of this <br />Agreement, and any other security documents securing the <br />indebtedness owed to Lender, the provision selected by Lender in <br />its sole subjective discretion shall prevail and be controlling <br />for all purposes. <br />17. If any provision under this Assignment shall be <br />invalid, illegal, or unenforceable, it shall not affect or impair <br />the validity, legality, and enforceability of any other provision <br />of this Assignment. <br />18. This Assignment may not be amended, modified, or <br />otherwise changed except by a written instrument duly executed by <br />Borrower and Lender. <br />19. This Assignment shall be governed by and construed in <br />accordance with the laws of the State of Nebraska and the laws of <br />the United States of America applicable to transactions in the <br />State of Nebraska. <br />20. As used herein, Rents shall also include all proceeds, <br />products, offspring, rents, issues, profits, accounts, general <br />intangibles, revenues or accounts receivable arising from the <br />use, occupancy or operation of the premises including, but not <br />limited to, any fees, charges, or sales for usage or occupancy of <br />all of any part of the premises. <br />21. The provisions of this Assignment shall be in addition <br />to and supplement Article 17, Security Interest and Rents, as set <br />forth in §52 -1701 et. seq., Neb. Rev. Stat. 1943 as amended. If <br />in conflict with said statute, the statute controls. <br />IN WITNESS WHEREOF, Borrower has executed this Assignment as <br />of the date written above. <br />Mid - Country Trading, L.L.C., a Nebraska <br />limited liability company <br />BY: O'Connor Enterprises, Inc., <br />a Nebraska corporation, Managing <br />Member <br />By: _ Y <br />Raymond J. O'Connor, President <br />7 <br />