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��1 5�681 �
<br /> ASSI�NMENT �F REIVTS
<br /> ��antinued� Page �
<br /> impose� upon Grantor under this Assignment.the Nat�, an�the Related Documents, Lender shall exe�ute and deliver ta
<br /> Grantvr a suitahle satisfaction vf this Assignment and suitabEe s#atements❑f terminatian �f any financing statement on
<br /> file e�idencing Lender's security interest in the Rents and the Property. Any termination fee required by 1aw shall be
<br /> paid by Grant�r, if perrnitted by appficable law.
<br /> LENDER'S E3CPENDITURES. If any ac�ion ar proceeding is cornmen�ed that would materia�iy a#fect Lender's �nterest in
<br /> the Property ar i�Grant�r fails to compEy with any pro�ision of this Assignment ar any Related Dacuments� including but
<br /> not limited to Grantor's�ailure to discharge or pay when due any amaunts Grantar is required ta discharge or pay under
<br /> this Assignment vr any Re�ated L7ocuments, Lender vn Grantor's behalf may �but shall not be nbligated to� take any
<br /> action that Lender deems apprapriate on the Rents ar the Prvperty and paying all costs fvr insuring, maintaining and
<br /> preser�ing the Property. All such expenditures incurred or paid �y Lend�r for such purposes will then bear interest at
<br /> the rate charged under the Nvte from the dat�incurred vr paid by Lender to the date vf repayment t�y G rantar. All suGh
<br /> �xpenses will become a part vf the Ind�btedness and, at Lender's vption, will tAy be payable vn demand; �By be
<br /> added �o th� balance of the Nate and be appartioned amvng and be payabis with any installment payments to become
<br /> due during either ��y the term vf any appiicable insurance palicy; or {�y the remaining term of the Nate; vr {C} be
<br /> treated as a ballaon payment which will be due and payable at the fVote's maturity.
<br /> DEFAULT. Each of th�fallowing, at Lender's option,sha�i canstitute an E�ent of Defauft under this Assignment:
<br /> Payment Default. Grantar fails ta make any payment when due under the Indebtedness.
<br /> �ther Defaul#. Grantor fails ta camply with any other term, vbligatian, covenant ❑r �vnditian �antained �n this
<br /> Ass�gnment or in any af#he Related Dacuments.
<br /> RIGHTS AND REMED�ES nN DEFALJLT. Upon the occurrence❑f any E�ent❑f Default and at any time thereafter, Lender
<br /> may exercise any vne or m�re❑f the following rights and remedies, in addition to any ath�r rights or remedies pro�ided
<br /> �ay law:
<br /> Accelsrata In�ebtedness. Lender shall have th� right at its option to declare the entire Indebt�dness immediately
<br /> due and payable, including any prepayrnent penalty that Grant�r would be required t❑pay.
<br /> Calle�t Rents. Lender shai! ha�e the right, withvut n�tice ta Grantar. to take possess�on ot th� Property and
<br /> callect the Rents, including amounts past due and unpaid, and apply the net pr�ceeds, o�er and aba�e Lender's
<br /> costs, against the Indebtedness. �n furtheran�e ❑f this right, Lender shall ha�e ail the rights prv�id�d fat in the
<br /> Lender's Right ta Recei�a and Callect Rents Sectian, abo�e. I# the Rents are cvllected by Lender, then Grantvr
<br /> irre�ocably designates Lender as Grantor's attarney-in-fact to endors� instruments received in payment thereof in
<br /> the name �f Grantor and tv negotiat� the same and c�llect the proceeds. Payments by tenants flr vther users to
<br /> Lender in response to Lender's demand shall satisfy the vbligations for which the payments are rnade, whether vr
<br /> not any prvper graunds for the demand existed. Lender may ex�rcise its rights under this subparagraph either in
<br /> person, by agent,or through a recei�er.
<br /> Qther Remadiss. L�nder shall ha�e all other rights and remedies pro�ided in this Assignment or th� Nvte �r by
<br /> law.
<br /> Electivn of Remedies. Election by Lender ta pursue any r�medy shall not exclude pursuit��f any other remedy, and
<br /> an e�ectivn to make expenditures or to take actian to perform an❑bligatian af Grantor under this Ass+gnment, after
<br /> Grantor's fai�ure to perfvrm, shall nat affect Lender's right to de�lare a defauft and exercise its remedies.
<br /> Attorneys' FeBs: Expenses. If Lender institutes any suit ❑r action tv enforce any of the terms of this Assignm�nt,
<br /> Lender shall be entitled ta re�a�er such sum as the court may adjudg� reasonabl� as attorneys' fees at trial and
<br /> upon any appeai. Whether or not any cou�-t actian is invol�ed, and to the extent not prohihited by law, all
<br /> reasonable expenses Lender incurs that in Lender's apinion are necessary at any time fvr the protectivn of its
<br /> interest ar the �nfarcement of its rights shal! become a part of the Indebtedness payable vn demand and sha11 bear
<br /> interest at the Note rate fram the date af the sxpenditure unti!repaid. Exp�nses co�ered by this paragraph include,
<br /> without limitatian, hawe�er subject to any limits under applicahle law� Lender's attarneys' fses and Lender's legal
<br /> expenses, whether �r nat there is a iawsuit, in�luding attorneys' fees and expenses for bankruptcy prvicee�ings
<br /> �including effvrts to rnadify ar�acate any autamatic stay or injunctionf, appeals, and any anticipated post-judgm�nt
<br /> cfll�ection ser�i�es, the �ost ❑f s�a�ching records, obtaining title reports ��ncluding foreclosure reportsf, sur�eyvrs`
<br /> reparts, and appraisal fees, title insurance, and fees for the Trustee, to the extent permit#ed hy applicable law.
<br /> Grantor alsa wiii pay any court costs, in addition to all vther surns pro�ided by law.
<br /> MISCELLANE�US PRaV1510NS. The following miscellaneous pro�isions are a part af this Assignrnent:
<br /> Go�erning Law. This Assignment will bB go►►erned by fsderal law applicah�e to Lender and. #a the extent nat
<br /> preempted hy federal law,the laws nf#he Sta#e of Nebraska without regard to i#s conflicts of law pro�isivns. This
<br /> Assignmant has been accepted by Lender in th�State of Nebraska.
<br /> lnterpretation. �1 y �n al! cases where there is ma�e than ane Borrower ar Grantnr, then all words used in this
<br /> Assignm�nt in the singular shall be deemed to have been used in the plural where the c�ntext and canstruction sv
<br /> require. t�] if more than one person signs this Assignment as "Grantar," the vbligations o��ach Grantor ar�joint
<br /> and s��eral. This means that if Lender brings a lawsuit, Lender may sue any ❑ne ar more of the Grantvrs. If
<br /> Bvrrower and Grant�r are not the sam�persan, Lender need nfl#sue Borrawer first, and that Bvrrvwer need nv#be
<br /> jvined in any lawsuit. �3} The names gi�en ta paragraphs Qr sections in this Assignment are for con�enience
<br /> purp�ses an�y.They are na#t❑be used to in#erpret or d�fine the pro�isians�f this Assignment.
<br /> Wai�er of Homestead Ex�mption. Grantor hereby releases and wai�es all rights and benefits of the hamestead
<br /> exemption laws of the State vf Nebraska as ta a!!Inde�tedness secured by this Assignment.
<br /> Wai�er of Right of Redemption. hI�TW�THSTANDING Ah1Y DF THE PR�V151�N5 TO THE C�NTRARY
<br /> ��NTAINED IN TH15 ASSIGIVMENT, GRANT�R HEREE3Y WAiVES ANY AND ALL RIGHTS ❑F REDEMPTiON FROM
<br /> SALE LlNDER ANY �RDER QR JIJDGMENT �F F�RECL�SIJRE �N �RANT�R'S BEHALF AN❑ aN BEHALF QF
<br /> EACH �4ND EVERY PERSC]N, EXCEPT JUDGMENT CREDlT�RS OF GRANTQR, ACQUIRING ANY IhITEREST !N DR
<br /> TITLE TD THE PR�PERTY SUgSEQUENT TQ THE DATE�F THIS ASSIGNfVIENT.
<br /> DEFINITIQNS. The f�llvwing capitali�ed wards and terms shall have the foll�wing meanings when used in this
<br /> Assignment. �nless spe�ificalfy stated to the contrary, all re#erences ta dollar amflunts shall mean amounts in lawful
<br /> mvney of th� United States of America. Wards and terms used in the singular shall include the plural, and the plural
<br /> shall inc�ude the singu�ar, as the context may require. Wvrds and terms nvt otherwise defined in this Assignment shalf
<br /> ha�e the meanings attributsd t❑such terms in the Uniform Cammercial �ode:
<br /> Assignment. The word "Assignment" means this ASSIGNMENT aF RENTS, as this ASSIGNMENT�F RENTS may
<br /> he amended ar modified from time tv time. together with a�l exhibits and schedules attached ta th�s ASSIGNMENT
<br /> �F RENTS irom tFme ta time.
<br /> Borrower. The word "Borrvwer" means H PROPERTiES C3F GRAN❑ISLAN�. LLC.
<br /> E�en#of�e�auit. The words "E�ent vf Default" mean any of the events af detault set�orth in this Assignment in
<br /> the default se�tion ot this Assignment.
<br /> Grantor. The word "Grantor" means H PR�PERTIES�F GRAND ISLAND, LLG.
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