2� 1 ���7�2
<br /> A����N��N�° [�F R��T�
<br /> Loan No: �D��O���'I8 ��ontinu�d� Page 4
<br /> �rantar's�ailure to perfarm,sha�l no�affe�t Lender's�ight to decfare a defiault and exercise its rem��ies.
<br /> Aftorneys' Fees; Expenses. �f Lender institutes any su�#vr ac�ion tv enfarce any of the �erms of th�s Ass�gnmen#,
<br /> Lender sha[� be entitled �o recover such sum as the caurt may adjudge reasanable as a�t��neys'fees at triai and
<br /> . upot� any appeal. Wh�ther or not any court a���on is invol�ed, and to th� extent not prohibited by law, all
<br /> reasonable expenses Lender incurs fhat in Lender's apinior� are necessary at any �time far the pratection �f its
<br /> interest or the�nfarcemenf of its righ�s sha�l become a part�f the fndebtedness payable on demand and shafl bear
<br /> interest a��he Nat�rate frvm the date a�#he expenditure unti�repaid. Expenses co�er�d by this paragraph incfude,
<br /> withou� fimita�ion, howe�er subject to any limits under appli�abie lavu= Lender's attorneys`fees and Lender`s legaf
<br /> ex��nses, whether or not there is a lawsuif, �ncluding attarneys' fees and expenses for bankruptcy proceedings
<br /> �including efforts to modify or vacate any automatic stay vr injunction}, appeals,and any anticipated post judgment
<br /> collectian services, the cast o�'searching records, obfaining#itle repvrts �includ�ng foreclvsure repvrts}, surveyors'
<br /> repor�s, and appraisai fees, titl� insurance, and fees �or the Trustee, to the extent permitted by applicable law.
<br /> Gran�or also wi�l pay any cau�t cflsts, in addition ta a#1 other sums prv�ided by law.
<br /> FUTURE ADVANCES. This Assignment a�Rents secures a��future ad�ances made by Lender under this Not�, includ�ng
<br /> alf amendments, renewals,extens"rans or re�inancings thereof.
<br /> MISCELLANEDUS PR�VISIQNS. The�ollawing m�scellaneous pro��s�ons are a part af this Assignment:
<br /> Amendments. This Assignment, �ogether with any Related Dvcuments, cans�itutes the entire understanding and
<br /> agreement ❑f�he parties as t� the matt�rs set forth in this Assignment. No altera�ion of or amendmen� to th�s
<br /> Assi�nment shal� be ��fe�ti�e unless gi�en �n writing and signed by �he party or parties sought tQ be charged or
<br /> bound by the�lteratian or amendment.
<br /> Capt�on Headings. �aption headings in �his Assignment are for�on�enience purposes anly and are no�to be used
<br /> to interpret or define th�pra�is�ons of#his Assignment.
<br /> Go�erning Law. This Assignment wtll be governed by federai law appliGable �o Lender and, #o the extent n�t
<br /> preemp�ed by federal la►�v,the laws of the Sta�e�f I�ebraska w�thout regard �o�ts conflic#s of�aw p�ro�isions. This
<br /> Ass�gnment has be�n accepted by Lender in the 5tate of Nehraska.
<br /> Choice of Venue, If there is a lawsuit, Granto�agrees upan Lender's request to submi# to the jurisdiction of the
<br /> caur�s o�'Dougfas�oun#y, State of Nebraska.
<br /> Joint and Several Liability. AI� obligations o�f Borrower and Grantor under this Assignmen� shall be joint and
<br /> se�eral,and all ref�rences to Grantor shal! mean each and��ery Grantor,and all references tv Borrawer shall�mean
<br /> each and every Barrower. This means that each �ran�vr signing below is responsible far al! obligations in this
<br /> Assignment.
<br /> Rl�te�ger. There shal� be r�a meryer vf the �nterest ar estate c�reated �y�his assignm�nt with any flther interest❑r
<br /> estate in the Prope�ty at any time held by❑r for the benefit of Lender in any capacity,without the written cansent
<br /> of Lender.
<br /> Interpreta��on. �1} [n all �ases where �here is mare than one gorrower or Grantor, then all words used in this
<br /> Assignment in the singular shal�be deemed�o have been used in the piural where the context and construction so
<br /> requir�. ��} �f more than an�person signs this Assignment as"Grantor,"the obligations a�each Grantor are joint
<br /> and se�eral. This means that if Lender �rings a lawsuit, Lende�- may sue any one a� more o��he Grantors. If
<br /> Barrower and �rant�r are no�the same persan, L�nder need nat sue Borrawer frrst, and tha�Borrower need nat be
<br /> joined in any lawsuit. �3} The names gi�en t� paragraphs �r sect�ans in th�s Assigrtmen� are for convenience
<br /> pu�-poses anly.They are not tv be used�o interp�et or def ne the prvv�sions of this Assignment.
<br /> N�1Nai�er by Lender. Lende�shall nvt b�d�emed to haWe wai�ed any righ�� under this Assignment uniess such
<br /> wa����is gi�en�n writing and si�ned by Lender. Na de�ay❑�omiss�on on the par#af Lender tn exercising any�ight
<br /> shall operate as a wai�er of such right�r any other right. A wai�er by Lend�r o�f a pro�ision of this Ass�gnment
<br /> shall not pre�udice or const�tute a wai�er of L�nder's right otherwise tv demand strict c�mpiianc� with that
<br /> pra�ision ar any ather pro�ision of this Assignment. No prinr wai�er�y Lender, nor any course o�'dealing �etween
<br /> Lend�r and Grantor, sha��canstitute a wai�er of any v�Lender's rights or��any a���ran�or's obligations as�o any
<br /> future transactions. Whene�er the consent of Lender is requi�ed under� this Assignment, �he granting of such
<br /> consent by Lender in any instance shall nat cvns�itute continuing consen# ta su�sequent �nstances where such
<br /> consent is required and in afl cases such consent may be granted or withheld in the so�e d�scre#ion of Lender.
<br /> Not�ces. Any notice required to be gi�en under this Assignment sha�l be gi�en �n writing, and shall be effecti�e
<br /> when actua�ly deli�ered, when ac�ually rece��ed by �eiefacsimile �unless otherw�se required by �aw}, when
<br /> deposited with a natian��ly re�ogn�zed o�ernight caurier, or, if mai�ed, when�ep�sited in the tJnited S�a#es ma�l,as
<br /> first class, cer�ified or registered mail postage prepaid, directed to th�addresses shown near the beginning af this
<br /> Assignment. Any par�y rnay change i�s address�or nflt�ces under th�s Assignmen� by gi�ing farmal w�-itten notice
<br /> ta #he other par�ies, specifying �hat the purpose of �he notice is �o change �he party's address. For no��ce
<br /> pur�ases, Grantor agrees to keep Lender informed at al� �imes of Grantor's current addr�ss. Unless o#herwise
<br /> pro�ided or required b� �aw, if there is more #han one Grantor, any notice gi�en by Lender t❑ any �rantor is
<br /> deemed�a be notice gi�en to ail Granfors.
<br /> Powers of Attorney. The�ar�aus agencies and powers of attorney con�ey�d an Lender under this Assignment are
<br />
|