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2� 15�7421
<br /> ASSI�NN[ENT �F RENTS
<br /> Loan No: 1�'1�9�'i 47 {�ontinued} Page 4
<br /> �aw.
<br /> E�ec�ion v�Remedies. Electifln by Lender�fio pursue any remedy shall not exclude pursuifi o�any o�fihe�-remedy, and
<br /> an electivn fi❑ make�xpenditu�es or to take ac�ion t❑ perfiorm an❑bligation of Grantar under this Assignment, af�er
<br /> Grantor's fai�ure t❑per�arm,shall n�t a�fect Lender's right tv declare a defaul�and exercise its remedies.
<br /> Attorneys' Fees; Expenses. 1� Lender institutes any suit or act��n to enfarce any vf the terms of this Assignment,
<br /> Lender shal� be entit��d to reco�e�r such sum as fihe court may adjudge reasvnabEe as attorneys' �ees at trial and
<br /> upon any appeal. VVhether or nat any cvur� acfiian is in�ol�ed, and �k❑ the exten� no� prohibited by law, a[E
<br /> r�asonable expenses Lende�- incurs that in Lender's vpinivn are ne�essary at any �time for the protec�ivn v� i�s
<br /> interes�❑r�the enforcemen�of i�s righfis shalf become a par�of�he Indebtedness payabi� on demand and shall bea�-
<br /> Enterest at the Nv�e rate from the date❑f the expendi�ure until repaid. Expenses ca�ered by fihis paragraph include,
<br /> wi�haut [imi�ation, hvwe�er subject to any fimits under applicable law, Lender's a��orneys' fees and L�nder's legal
<br /> expenses, whether ❑r not there is a lawsuifi, including a�torneys' fees and expenses fvr bankruptcy proce�dings
<br /> �including e��orts ta modify or�a�ate any automa�ic stay or injunctivn�, appeaEs, and any anticipa�ed pos�-judgmen�
<br /> c�llecfiion ser�ices, the cost of searching recvrds, obtaining title reports �including �Fvreclosure reports�, sur�eyors'
<br /> reports, and appraisal fees, fiitle insurance, and �ees �vr the Trustee, t❑ the extent permit�ed by applicable law.
<br /> Grantvr a�sa will pay any court costs, in addifiion to alf v�her sums pro�ided by law.
<br /> M15CELLANEDUS PRDVISI�NS. The fvllawing miscelianevus provisivns are a part vf this Assignment:
<br /> Amendments. This Assignment, toge�her with any Related ❑o�uments, constitutes the enfiire unders�anding and
<br /> agreem�nt ❑t the par�ies as to the matters set fior�h in this Assignment. N❑ alteration of ❑r amendment to this
<br /> Assignment shafi be effec�i�e unless given in writing and signed by the party vr parti�s sought to b� charged o�-
<br /> bvund by the alterativn or amendment.
<br /> Cap#ion Headings, Caption headings in#his Assignment are far con�enience purpases ❑nly and are nat tv he us�d
<br /> �a in�erpre�ar define fihe pro�isians of this Assignment.
<br /> Governing Law. This Assignment will l�e governed by federal law applicahle tn Lender and, tv the extent not
<br /> preempted hy federal law,�he Iaws of the S�a�e�f Nebraska withvut regard to its con�iicts af Iaw prv�isions: This
<br /> Assignmen#has been a�cepted by Lender in the 5#ate of Nebraska.
<br /> Chnice at Venue. If there is a lawsuit, Granfivr agrees upon Lender's request to su}�mifi to fihe jurisdiction of the
<br /> �vurts af Ha�f Coun�y, 5tate of Nebraska.
<br /> Merger. There sha�i be no merger of�he inte�-est or es�ate crea�ed by this assignment wi�h any ofiher interest ❑r
<br /> esta�e in the Properfiy a�any time held by or�or�he benefi�❑f Lender in any capacity, wi�khout the written c�nsen�
<br /> ❑f Lender.
<br /> Interpre#ation. ��� ln all cases where �here is more �han one Borrower or Gran��r, �hen a11 words used in this
<br /> Assignment in�he sEngular shall he deemed to ha�e been used in the plural,where the context and constructian s❑
<br /> �equire. {2} If more than one person signs fihis Assignrnent as "Gran�or," the ❑b�igativns af ea�h Gran�or are�oint
<br /> and se�eral. This means �hafi ifi Lender �rings a lawsuit, Lender may sue any one ❑r more of the G rant�rs. If
<br /> gvrrower and Gran�or are not the same persan, Lender need no�sue B�rrvwer fi�st, and fihafi Bvrrower need not be
<br /> �oined in any �awsui�. �3} The names gi�en tv paragraphs or sec�ivns in this Assignment are for con�enience
<br /> purpvses vnly.They are not to be used t� interprefi vr define the pro�isions of�his AssEgnment.
<br /> No 1lllai►►er by Lender. Lender shai! no� be deemed ta ha�e wai�ed any rights under�his Assignment unless such
<br /> wa��er is gi�en in writing and signed by Lender. N❑ delay vr omEssivn ❑n the part af Lender in exercising any r�ght
<br /> shaft vperate as a waiver ❑f such right or any a�her right. A wai�er by Lend�r of a prn�is�an of this Assignment
<br /> shal! not prejudice ❑�r constitute a wai�er ❑f Lender's righ� vtherwise to demand strict compliance with �hat
<br /> pra�isivn or any othe�r prv�isEon of�his Assignment. No prior wai�er by Lender, nor any course o�dealing betwe�n
<br /> Lender and Grantvr, shakC cons�itute a wai�er af any of Lender's rights or o�any❑�F Grantor's ob�igations as to any
<br /> fu�ure transactions. Whene�er the consen� ❑f Lender is required under this Assignment, �he granting ❑f such
<br /> consen� hy Lender in any instance shall no� consfiifiu�e confiinuing consent to subsequent instances where such
<br /> cvnsent is required and in all cases such cansent may be granted or withheld in�he sole discretion of Lender.
<br /> Notices. Any notice required tv be gi�en under this Assignment sha�E 1ae given in writing, and shall be effectiWe
<br /> when actually deli�ered, when actua�fy received by te[efaGsimile �unless ofiherwise required hy law}, when
<br /> deposited wi�h a nationally recagnized o�ernight courierf ar, if mailed, when depasited in�he United States mail, as
<br /> first class, cer�ified ❑r registered mai[ pastage prepaid, direc�ed to the addresses shown near the beginning af this
<br /> Assignment. Any par�y may change i�s address�or notic�s under this Assignment by gi�ing �ormal wri�ten notice
<br /> fiv the other parties, specifying that the purpase af �he no�ice �s to change the party's address. For notice
<br /> purpases, Grantor agrees tv keep Lender info�-med afi alf �imes o� Grantor's current address. Unless ❑�herwise
<br /> p�o�ided o�- required by law, i� there is mare �han ❑ne Grantor, any no�ice gi�en by Lender tv any Grantvr �s
<br /> deemed tv be notice gi�en�t❑all Grantars.
<br /> Powers o�Attorney, The �arEous agencies and powers �f attorney �vn�eyed on Lender under�his Assignmen�are
<br /> granted for purposes o�security and may nvt be re�oked by Grantor untE!such�ime as the same are renounced by
<br /> Lender. �
<br /> 5e�erahili�y. l� a court o�F cvmpeten�k jurisdiction finds any pro�ision o�r this Assignmen� �o be illegal, in�a�id, or
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