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2� 15�859�
<br /> ASSIGN[VIENT �F RENTS
<br /> ��antinued� Page �
<br /> this Assignment and not reimbursed from the Rents shall become a part af the �ndebtedness secured by this
<br /> Assignmen#. and shall he payahle on demand, with interest at the Note rate�rom date of expenditure until paEd.
<br /> FULL PERFORMANCE. !f Grantor pays all of the Inde�tedness when due and otherwise perfarms all the ohligations
<br /> impased upon Grantor under this Assignment, the Note, and the Re�ated Documents, Lender shall execute and deliver to
<br /> Grantvr a suitable satisfaction of this Assignment and suitable statements af termination af any financing sta#ement on
<br /> file e�idencing Lender's security inter�st in the Rents and the Property. Any terminatifln fee required by law shall be
<br /> paid by Grantar, if permitted by applicable law.
<br /> LENDER'S ExPENDITURES. If any action or proceeding is commenc�d#hat wauld materially affect Lender's interest in
<br /> th� Prvperty❑r if Grantar faEls t❑camply with any pravision of this Assignment or any Related �ocuments, including but
<br /> not fimited to Grantar's fai�ure tv discharge ar pay when due any am�unts Grantor is required to discharge or pay under
<br /> this Assignment or any Related ❑vcuments, Lender an Grantor's beha�f may �but shall not be obligated toy take any
<br /> action that Lender deems appropriate an the Rents or the Property and paying al� casts �or insuring, maintaining and
<br /> pr�ser�ing the Property. All such expenditures in�urred ❑r paid by Lender far such purposes wi�i then bear in#erest at
<br /> the rate charged under the Nate from the date incurred ar paid by Lender t❑the date af repayment by Grantor. All such
<br /> exp�nses wil! become a part af the Indebt�dness and, at Lender's optian, will �Ay he payable on demand; RB� be
<br /> added tv the balance of the Nate and be apportioned among and be payable with any instailment payments to b�come
<br /> due during either {�f the term of any applicable insurance policy; or �2y the remaining term vf the Nate; ar �Cy be
<br /> treated as a ballovn payment which wil!be due and payable at the Note's maturity.
<br /> DEFAULT. Each of the follvwing, at Lender's❑ptivn,shall constitute an E�ent vf Default under this Assignment:
<br /> Payment Default. Borrvwer fails to make any payment when due under the lndebtedness.
<br /> �ther Default. Grantar fails to comply with any ather term, ❑bligatian, co��nant or candition contained in this
<br /> Assi�nmen#or in any vf the R�fated Documents.
<br /> R�GHTS AND REMEE]fES �N DEFAULT. Upon the occurrence of any E�ent af Default and at any time thefea#ter, L�nder
<br /> may exercise any❑ne or mare of the following rights and remedies, in addition to any other rights or remedies pra�ided
<br /> by law:
<br /> Accelerate Indebtedness. Lender shall ha�e the right at its optivn ta declare the entirs �ndehtedness immediately
<br /> due and payable, inc[uding any prepaym�nt penaCty that Borrawer would be required tv pay.
<br /> Co�lect Rents. Lender shall ha�e the rtght, withaut nvtice t❑ garrower or Grantar. to take possessivn �f the
<br /> Property and �ollect the Rents, including amounts past due and unpaid, and apply the net proceeds, a�er and
<br /> abn�e Lender's c�sts, against the lndebtedness. In furthe�ance ❑f this r�ght, Lender shall ha�� afI the rights
<br /> pra�id�d for in the Lender's Right #� Recei�e and Cvl�e�t Rents 5ection, abo�e, lf the Rents are cvllec�ed by
<br /> Lender,then Grantor irre�vcably designates Lende�as Grantor's attorney-in-fac#to endorse instruments recei�ed in
<br /> payment thereaf in the name of Grantvr and ta negvtiate the same and callect the proceeds. Payments by tenants
<br /> or�ther usgrs to Lender in response to Lender's demand shall satisfy the abligations fvr which the payments are
<br /> made, whether ❑r not any prvper grvunds fvr the demand existed. Lender may exercEse its rights under this
<br /> subparagraph either in person, by agent,ar thr�ugh a recei�sr.
<br /> Other Remedies. Lend�r shall ha�e all other rights and remedies pro�ided in this Assignment or the Note ❑r by
<br /> law.
<br /> Elect'rnn vf Rernedies. Electian by Lender t❑ pursue any remedy shall nat exclud� pursuit vf any other remedy, and
<br /> an election to make expend��ures or t�take action t❑ perfvrm an o�ligatian vf Grantor under this Assignment, after
<br /> Grant�r's failure to perform, shall not affect Lender's right ta decfare a default and exercise its remedies.
<br /> Attorneys' Fees: Expens�s. If Lender institutes any suit or action to enforce any nf the terms of this Assignment,
<br /> Lender shall be entitled to reco�er such sum as the court may adjudge reasvna�le as attarneys` fees at trial and
<br /> upan any appeal. Wheth�r or not any court actian is in�ol�ed, and ta the ex#ent not prohibited hy �aw, a�I
<br /> reasonable expenses Lender incurs that in Lender's apinion are necessary at any time for the pratec#ion vf its
<br /> interest or the enfor�ement�f its rights shall become a part ❑f the Indebtedness payable an demand and sha�l bear
<br /> int�rest at the Note rate fram the date of the expenditure until repaid. Expenses�o�ered by this paragraph inc�ud�,
<br /> without limitation, hawe�er subject to any �imits under applicable law, Lender's attvrneys' fees and Lender's legai
<br /> expenses, whether �r not there is a lawsuit, including attorneys' fees and expenses for hankruptcy proceedings
<br /> �in��uding efforts to modify or vacate any automati�stay vr injunction�, appeals, and any anticipated past-judgment
<br /> callection ser�ices, the cost of sear�hing records, obta�ning title r�ports �including fareclasure reportsf, sur�eyars'
<br /> reports, and appraisa� fees, title insurance, and fees for the Trustee, to the extent perm�tted by applicable law.
<br /> Grantar alsa wEfl pay any court costs, in additian to al�vther sums pro�ided by law,
<br /> MISCELLANE�US PRC]VIS[�NS. The#vilvwing miscel�aneous pro�isians are a part of this Assignment:
<br /> Gv�erning Law. This Assignment will be go�erned by federal lew applicable #a Lender and, to the ex#en# not
<br /> preempted hy federal law,th�lews af the Stat�of Nebraska without regard ta its cvnflicts of law provisions, This
<br /> Assignment has been accepted by Lender in the State of Nehraska.
<br /> Interpre#ation. �1 f In all cases where there is more than one Borrower or Gran#or, then al! words used in this
<br /> Assignment in the singu�ar shail be deemed to ha�e b�en used in the plural where th� cvntext and constructivn sv
<br /> require. �Zy If more than one person signs this Assignment as "Grantor," the ob�igativns �f�ach Grantvr are join�
<br /> and se�eral. This means tha# +f Lender brings a lawsuit, Lender may sue any vne ❑r more ❑f the Grantors. if
<br /> Barrower and Grantar a�e not the same person, Lender need not sue Sorrower first, and that Borrower need not be
<br /> joined in any lawsuit. �3y The narnes gi�en to paragraphs or sectivns in this Assignment are for c�n�enience
<br /> purposes❑nly.They are nat tv k�e used ta interpret or d�fine the prv�isions❑f this Assignment.
<br /> Wai�er of Homestead Exemption. Grantor hereby releases and wai�es all rights and benefits of the homestead
<br /> exemption laws af the State af Neb�aska as to a!I lndebtedness secured by this Assignment.
<br /> Wai�er of Righ# of Red�mption. NQTWITHSTANDING ANY OF THE PROV15l�NS T❑ THE CQNTRARY
<br /> �DNTAINED IN TH�S ASSIGNMENT, GRANT�R HEREBY WAIVES ANY AND ALL R�GHTS �F REDEMPTIUN FRDM
<br /> SALE IJNDER ANY 4RDER �R JLIDGMEfVT flF F�RECL�SURE QN GRANTDR'S 6EHALF AND �N gEHALF OF
<br /> EACH AN❑ EVERY PERS�N, ExCEPT JUDGMENT CRE�ITORS �F GRANT�R, ACQU�RING ANY INTEREST iN DR
<br /> T�TLE T�THE PRDPERTY SUBSEQUENT T�THE❑ATE DF TH15 ASSIGNMENT.
<br /> DEFIN�T�ONS. The fflllawing capitalized words and terms sha�l ha�e the folfowing meanings when used in this
<br /> Assignment. Llnless specif�caily stated to the cantrary, al� references ta dollar arnounts shal� mean amounts in lawful
<br /> maney of the llnited Stetes of America. Words and terms used in the singular shall include th� pruraE. and the plural
<br /> shalf include the singular, as the cantext may require. Wards and terms not otherwise defined in this Assignment shall
<br /> ha�e the meanings attributed tv such terms in#he Uniform Commercial Code:
<br /> Assignment. The word "Assignment" means this ASSIGNMENT�F RENTS, as this A551GNMENT�F RENTS may
<br /> he amended or modified �r�m time t�tirne, tog�ther with all exhibits and schedules attached t� this ASSiGNMENT
<br /> QF RENTS from time to�ime.
<br /> Borrower. The word "S�rrvwer" rneans EAGLE DISTRIBUTING �F GRAND ISLAND, LLC; T�K �F GRAND
<br /> 15LAND, LL�; and EAGLE D�STRIBUT�NG TRANSP�RT, LLC.
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