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2� 1 ����89
<br /> ►����C�1VI�ENT �F F�ENT'�
<br /> ��ar��i�u�d� Pa�e 3
<br /> not�ce �f the credi��r�r forfieiture pro�eeding and d�pasits vvith Lender manies or a surety bond for�he creditor or
<br /> �or-�eiture proceeding, in an amount determined by Lender, in �ts sa[e discret�vn, as �eing an adequa�e reser�e o�
<br /> bond for�he dispute.
<br /> Property Damage or Lvss. The P€-oper�y is last, stv[en, substan�ially damaged, sofd, o�borrvwed against.
<br /> Even�s Affecting Guaranto�. Any of-th� preceding ��ents occurs wi�h respect to any guarantar, endorser, sur��y,
<br /> or accomm�dation party �� any of the [ndeb�edness vr any guarantor, endorser, surety, or acc�mmoda�ion party
<br /> d�es ❑r becomes incompetent, or re�okes or disputes the validi�y af, or liability under, any Guaranty v# �he
<br /> lndeb�edness.
<br /> Ad►rerse Ghang�. A mafieria� ad�erse change occurs in Granfiar's financ�al condi#ion, �r Lender helieves the
<br /> prospect of payment or performanGe vf the Indeb�edness is impaired.
<br /> [nse�urity. Lender in good�aith believes itself inse�ure.
<br /> RIGHTS AtVD REl1J�EDIES DN ❑EFAULT. Upfln�he occurrence of any E�ent o�F Default and a�any time�her�after, Lender
<br /> may exercise any one or more of�he �o[€owing rights and remedies, in addi�ion to any ather rights or remedies pro�ided
<br /> by law:
<br /> Accel�ra�e Indebtedness, Lender shafl ha�e �he right a�t its option ta declare the entire [ndebtedness immediatefy
<br /> due and payable, including any prepayment pena[ty that Borrower would be required�ko pay.
<br /> Gollect Rents. Lender shall ha�e the righ�, withou� n��ice to Borrawer �r Grantor, -ta take possession af the
<br /> Property and c��lect �he Ren�s, incf ud�ng amounts past due and unpaid, and apply the net praceeds, o�er and
<br /> abo�e Lender's casts, aga�nst the lndeb�edness. In furtheran�e of this right, L�nder shall ha�� a[� the rights
<br /> pro�ided f�r in fihe Lender`s R�ght to Recei�e and Co��ect Rents Secti�n, abo�e. {f the Rents are colle�ted by
<br /> Lender, then Grantor irr�Wocably designates Lender as Grantor's attorney-in-�act to endorse instruments received in
<br /> paymen�there�f in the name ❑f Grantor and tv negotiate�he same and c�[[ect the praceeds, Payments by tenants
<br /> ar other users tv Lender in response to Lender's demand sha�f satisfy the obl�ga�ions �o� which the payments are
<br /> made, whether or n�t any proper grounds �rv�r the demand existed. �Lender may exercise its ri�hts under �his
<br /> suhparagraph either in person, by agen�, or�hrough a receE��r.
<br /> ��her Remedi�s. Lender sha[[ ha�e all o�her righ�ks and remedies pro�i�ed in this As�ignment or the No�e or hy
<br /> 1aw.
<br /> Elec�ion of Remedies. E�ection l�y Lender to pursue any remedy shal� not exc�ude pursuit of any other remedy, and
<br /> an e[ect;on �o make expendi�ures or-ta�a�e acfiion t� perform an obf igation of G rantor under�h�s Assignment, after
<br /> Gran�or's fai[ure�a perform, shal� no�affect Lender's right to declare a defaul�and exercise its remedies.
<br /> Attvrneys' Fees; Exp�nses, [f Lender �nstitutes any sui��r action to enfarce any of the �erms ❑f this Assignmen�,
<br /> Lender shall be entitfed t� recQ�er such sum as the �ourt may adjudge reasanat�le as att�rneys' fees at trial and
<br /> upon any appeal. 1Nhe�her or no�t any court actian is invoE�ed, and t❑ �he extent nafi prohihited by law, all
<br /> reasonable expens�s Lender incurs �hat in L�nd�r's opinion are necessary at any time for �he prvtectivn of its
<br /> �nterest or the enforcement�f its rights sha[I become a part of the Indebtedness payable on demand and sha[l bear
<br /> interest at the Note rate from the da�e�f the expenditure unti[ repaid. Expenses �o�ered hy�his paragraph inc�ude,
<br /> without IimitatiQn, howe�er subject to any �imits unde� app�i�ab�e law, Lender's attorn�ys' fees and L�nder's {egal
<br /> expenses, whether �r n�t there is a lawsuit, including a�torneys' fees and expenses fi�r bankruptcy proceedings
<br /> {�ncluding e�r�or�s to modify or�acate any automatic stay ar injunc�ion}, app�als, and any anti�ipated post-judgment
<br /> collection servi�es, the cost a�searching records, obta�ning tit�e repor�ks tincluding �or�cl�sure reports�, sur�ey�rs'
<br /> repar�s, and appraisaC fees, ti�[e insurance, and �Fees for the Trustee, to the ex�ent permitted by �pplicable law.
<br /> Grantor also wi�! pay any c�ur�t costs, in addi�ion to a[[other sums provided by law.
<br /> iV�ISCELLAlIfE0�1S PROVISI�NS. The fo!lowing misceflaneous provisi�ns are a parfi❑f�his Assignment:
<br /> Amendments, This Assignment, together vvi�h any Related Documents, constitutes the en�ire understanding and
<br /> agreement of the parties as �o �he matters se� far�h in this Assignment. No alterati�n of ar amendmen� to �his
<br /> Assignmen� shall he effecti�e unless gi�en in writing and sign�d by �he par�y Qr parties saught to be charged or
<br /> bound by the a[t�ration or amendment.
<br /> Gaption Hea�dings. Caption headings in this Assignment are for con�enience purpases �nly and are not tv b� used
<br /> � to interpret�r define�he pr�Wisions of fihis Assignment.
<br /> Governin� Law. This ►�s�ignmenfi wiCC he gov�rned by federal I�w appli�able to Ler�d�r and, to the exten� not
<br /> preem��ed �y�ederal law,�he laws of�he State o�IVehr�ska withouir regard to i�s cvn�Flicts af!aw prvvisivns. This
<br /> Assignmen�has heer�a�cepted b�L�nde�in the State of Nebrask�.
<br /> Jo�n� and Se►�eraA Liability. All obligations �f Borrvwer and Grantor under th�s Ass�gnmenfi sha�� be �oin� and
<br /> se�era[, and a[[ re�erences to Grantor shall mean each and eWery Grantor, and al! re�erences to B�rrower shall mean
<br /> each and every gorrov�rer. This means that each Grantor sign�ng belaw is responsible for a�l vbfigafiians in this
<br /> Ass�gnment. INhere any one or more o�the parti�s is a carporation, partnership, �imi�ed �ia�ility company Qr similar
<br /> entity, it is not necessary�or Lender-to inquire into the p�w�rs��any of the officers, directvrs, partners, mem��rs,
<br /> or other a�enfis acting or purpvrting to a�t on the entfty's behalf, and any oh[igations made or created in reliance
<br /> upon the professed exercise of such powers shall be guaranteed under th�s Assignment.
<br /> iVle�ger. There shall be no merger of the interest or es�ate creat�d by fihis assignment with any other interest or
<br /> es�a�e in the Proper�y at any time he[d �y or�or�he benefit af Lender in any capacity, withaut the wr�t�en consent
<br /> of Lender.
<br /> interpretafaon. {�} In all cases where �here is mvre than vne 6orrower �r Gran�or, then all words used in this
<br /> Ass�gnment in the singular sha�i b� deemed tv ha�e been used in the plura[ where the �ontext and constru�tion s�
<br /> require. ��} I�more than vne persan signs this Assignment as "Grantvr," th�obligations of each Grantor are join�
<br /> and se�eral. This means �ha� i�f Lender brings a lawsuit, L�nder may su� any vns or mor� �f the Grantors. !f
<br /> 6or�vwer and Grantor are no�the sam� person, Lender ne�d no�sue �orrower fErst, and that Barrav�rer need not be
<br /> jo�ned in any [awsuit. �3} The names gi�en ta paragraphs or sectians in this Assignment are fvr can�enience
<br /> purposes only.They are not to be used tv in�kerpret or defiine�he provisians a�this Assignment.
<br /> Nv ll�lai�er by Lender. Lende� shaf f not be deemed to have wai�ed any rights under this Assignment un[ess such
<br /> wai�er is gi�en in wri�ing and signed �y Lender. N� d�iay or omissi�n vn the part of Lender in exercising any right
<br /> shall opera�e as a waiWer o� such right vr any other right. A wai�er by Lender �f a pro�ision of this Assignment
<br /> shall not prejudice vr constitute a wairrer ❑f Lender's righf otherwise ta demand stri�t compliance with fihat
<br /> pro�isian or any�ther pro�ision of�his Assignment. Nv pr�vr wai�er by L�nd�r, nor any c�urse��dea�ing betwe�n
<br /> Lender and G�antor, shall cans�itute a waiver�f any of Lender's righ�s or�f any of Grantvr's obfiga�ians as to any
<br /> future transactions. Vllh�ne��r the consent o�f Lender is required under �his Assignmenfi, �he granting o� such
<br /> consent by Lender in any ins�ance sha�! not consti�ute continuing consent tQ subsequent �nstan�es where such
<br /> consent is required and in all cases such consent may be granted or withhe[d in the sole discr�tion of Lender,
<br /> No�ices. Any no��ce required tv be gi�en under this Assignment sha[f be gi�en in writing, and shafl be effecti�e
<br /> when actually deli�ered, when actually recei�ed by te[efacsimi[e {unless ❑therv►rise required by [aw}, when
<br /> deposi�ed with a nationally recagnized o�ernigh�courier, or, if mai�ed, when deposited in the United States mai[, as
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