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2� 1 ���719
<br /> ASSIGNIV�ENT �F REIVT�
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<br /> Loan No: "��7 29�5�4 �Contlnued� Page 4
<br /> Proper�y and coflect t�te Rents, including amvunts past due and unpaid, and apply th� net praceeds, o�rer and
<br /> abo�e L�nd�r's costs, agains� the �ndebtedness. ln #urthe�anc� o� this righ�, Lender shall have all the rights
<br /> pro�ided �For in �he L�rtder's Righ�k to Receive and �ollect R�n�s Sec�rian, abo�e. If the Rents are collec�ked by
<br /> Lender, then�ran�or irrevocably designates Lender as �ran��r's a�tarney-in-fa�t to end�rse �nstruments recei�ed in
<br /> payment�hereaf in th�nam� �f Gran�or and ta nega�ia�e the same and coll�ct�he proceeds. Paymen�s by tenants
<br /> or ather users �o Lend�.r in response to Lender's demand shafl satisfy the ❑bliga�ions for which the payments are
<br /> made, whe�her ar nat any pr�per grvunds for the demand existed. Lender may �xer�ise its righ�s under �rhis
<br /> subparagrapn either in pers�n, by a�ent, or thr�u�h a recei�er.
<br /> �ther Remedies. Lender shall haWe all ❑�her rights and remedies pro�ided in this Assignment or the Nate ❑r by
<br /> law.
<br /> Electian vf Rem�dies. �iection by Lender to pursue any remedy shall no�exc�ude pursuit vf any ather remedy, and
<br /> an elec�ivn to make expenditures vr to take action to perform an obligati�n �f Grantor under this Assignmen�, a�ter
<br /> Gran�or's faifure to per�orm, shalf nofi aff�ct Lender's ri�ht�o declare a de�aul�and exercise its rem�di�s.
<br /> Attarneys' Fees; Exper��es. ff Lender insti�utes any suit or action tv en�or�e any of the terms of this Assignment,
<br /> Lender shall be entitEe� t� recover such sum as fhe court may adjudge reasona�le as a��orneys' f��s at trial and
<br /> upon any appeal. W��ther vr n�t any court action is invoi�ed, and �o the ex�ent n�t prohi�ited by iaw, all
<br /> reasonable expens�s L�nder incurs that in Lender's opinian are necessary a� any time fiar the protection of its
<br /> interes�or the en��rcer�ent a�F i�s rights sha�l �ecome a part�f�he Indebt�dness payable on demand and shall bear
<br /> interes�afi the N�te rate fr�m the date ofi the expenditure until r�paid. Expenses coWered by this parag�aph inclu�le,
<br /> wi�hout limi�a-ri�n, hov�ever subject to any fimi�s under applicabfe law, L�nder's attorneys' �Fees and Lender's legal
<br /> expenses, whether or nat there is a lawsui�t, including attorneys' fees and expenses f�r bankrupt�y pr�ceedings
<br /> �inc�uding effor�s t� mc�dify or vacate any automa�i�stay or in�unc�ion}, appea[s. and any anticipa�ed post-judgmen�
<br /> call���ion services, th� cost af searching re�ards, �b�aining titie �ep�r�s �including forecIosure r�ports}, sur�eyors'
<br /> reports, and appraisa! fees, title insurance, and fees f�r the Trustee, tfl �he extenf permitted b}� appli�able law.
<br /> �rant�r also wilj pay ar�y cvurt casts, in addi�ion ta all o�her sums pro�ided by law.
<br /> M�SCELLANE�US RR�V�SIC�NS. The follow�ng miscellaneaus pro�isions are a par�o��his Assignment:
<br /> Amendmen��, This A�signment, ta�e�her with any Reiat�d Documents, c�ns�itu�es the entire un�fers�anding and
<br /> agr�ement of the part�es as to the ma�ters set forth in this Assignmen�. Nv al�erati�n o� or amendment �o this
<br /> . Assi�nmen� sha�� be e3��ec�i�e unless gi�en in writing and sign�d �y �he party ar parties s�ugh� ta be charg�d or
<br /> bound by the alteration or am�ndment.
<br /> Caption Hsadings. �aptian headings in this Ass�gnm�nt are for can�eni�nce purpos�s anly and are not tv he used
<br /> t� int�rp�et or define fih� pr��isi�ns of�his Assi�nment.
<br /> Governing Law. This Assignmen� wif! be gaWerned by federal taw appii�a�le �o Lender and, #o the ex�kenfi not
<br /> preempted by federal i�w.the laws ���he State o�Nebraska wifihout regard to its con�l��ts of law pro�isians. This
<br /> Assignmen�t has been acceptsd by Lender in the 5tafie of Nebraska.
<br /> Ch�ice of Venue. jf there is a lawsuit, �rantor agr��s upan Lender's reques� t❑ suhmi� tfl the jurisdiction o� the
<br /> caurts af HALL�aunty, 5ta�e o�Nebraska.
<br /> Joinfi and SeWeral Liabi�ity. All �bli�ations vf Borrower and Grantar und�r this Assignm�nt sha�� be �aint and
<br /> se�eral, and a�l ref�ren�es t� Grantor shall mean each and e�ery Grantar, and all references to Borr�wer shall mean
<br /> each and eWery Borrower. This m�ans �hat ea�h Grantar si�ning below is responsible far all ob�iga�i�ns in this
<br /> Assignment.
<br /> IVl�rger. Th�r� sha�l be no merger of the interest vr estate cr�a�ed by this assi�nment with any other interes� �r
<br /> es�ate in the Property at any time held by or for the benefit af L�nde� in any capa�ity, withaut the written consent
<br /> of Lender.
<br /> Int�rpretativn. (1� �n all cases where there is more than vne Borrower or Grantor, th�n all wards used in this
<br /> Assignmen� in the singular shall he deemed to ha�e �aeen used in the plura� where the contex�and constructivn so
<br /> require. ��} if more than one person signs this Assignment as "�ran�or," th� abligations af each Grant�r are jain�
<br /> and se�eral. This m�ans that ifi Lender brings a lawsuit, Lender may su� any vne or more vf th� Grantors. [f
<br /> Barrower and Grantor are not�he same persvn, Lender need nat sue Barrower�irst, and that B�rrower ne�d not b�
<br /> jained in any lawsui�. t3y The names gi�en to paragraphs or sections in this Assignment are for cvnWenience
<br /> purpases on�y. They are no�to be used to interpret or define the pr��isions o�this Assi�nmen�.
<br /> IVo VIIa�Wer by Lender. L�nder shall n�t be deemed to ha�e waived any rights und�r fihis Assignm�nt unless such
<br /> waiver is gi�en in wri�ing an� signed �y Lender. No delay or omissian on�he part ot Lender in exercising any right
<br /> shall �pera�e as a vuai�er of such right or any ather righ�. A wai�er by Lender of a pro�ision �� this Assignment
<br /> shal{ n�t prejudi�e or consti�u�e a waiWer af Lender's right otherwise t� demand strict c�mpliance with that
<br /> provision or any❑th�r prv�ision vf this Assignment. N❑ przor waiWer by Lender, nor any c�urse ❑f dea�ing between
<br /> Lender and Grantor, shall �onstitut� a waiWer of any of Lender's righ�s or of any o�Grantar's �bligations as ta any
<br /> futur� �ransacti�ns. V1lheneWer the consent o�f Lender is rsquir�d under �his Assignm�nt, �he granting of such
<br /> consen� k�y Lender in any instance shall not cons�itute continuing cons�nt �� subsequenfi instan�es where such
<br /> cans�nt is required and in all cases such �ansenfi may be granted �r withheld in the sole discretion❑f L�nder.
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