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<br /> ASS��NMENT �F RENTS
<br /> Lv�n N�: ���'1�9�4�7 {�or7t�nued� Page 4
<br /> due and�ayable. includin� any prepayment penalty that Borrower would be required to pay.
<br /> Collect R�nts. Lender shai! have �he right, wi�hout notic� to Borrawer �r Grantor, to take possession of the
<br /> Property� and colfec�t fihe Rents, including amoun�s past due and unpai�, and apply the net pr�ceeds, ❑ver and
<br /> above L�nder's casts, against the Indeb�edness. In furtheran�e �� �his righ�, Lender sha{I ha�e all the rights
<br /> pro�ided far in the Lender's Right to Recei�e and Ca�lect Ren#s Sec��on, abo�e. If the Rents are coilected by
<br /> Lender,�hen Grantor irreWocably designates Lender as Grantor's attorney-in-fact to end�rse instrumen�s received in
<br /> paymen�thereo�in the name o�f�rantor and to negotiate the same and co[lec�the proceeds. Payments by tenants
<br /> or other users �fl L�nder in respvnse t� Lender's demand sha�l satisfy the obligations far which the payments ar�
<br /> made, �rhe�her or not any proper grflunds for the demand existed. Lender may exer�ise its righ�s under �his
<br /> subparagraph either in person, by agent, or�hrou�h a �ec�i�rer.
<br /> �ther R�medies. Lender shall ha�e a�l ather rights and remedies pro�id�d in this Assignment or the Nate or by
<br /> law.
<br /> Eiectian vf Remedies. Election by Lender to pursue any rem�dy shal! not ex��ude pursui�vfi any o�her rem�dy� and
<br /> an electi�n ta make expenditur�s �r to take action t� perform an ❑bligafiion af�ran�vr unde�this Assignment, after
<br /> Grantvr'�failure�o perform, shall na�a�f�ect Lender's righfi to deciare a default and exercise its remedies.
<br /> At#orneys' Fees: Expenses. �f Lend�r institut�s any sui� ar ac�ion to enforce any o�the �erms of this Assignment,
<br /> Lender shali be entitled to recoWer such sum as the court may adjudge reasona�le as attorn�ys' �ees at tr�al and
<br /> upon a�y appeal. V11he�her ar not any cour� ac�ion is invv��ed, and �o ths ext�nt not prohi�a�ted by law, all
<br /> reasonable expens�s Lender incurs tha� in Lender's opinion are necessary at any time �or the pr�ot�ctivn of its
<br /> interest�r the enforcement of its rights shall become a part of the Indebtedness payabie on demand and sha31 bear
<br /> interes�at the Not� rat�fram�he date af the expendi�ure until r�paid. Expenses covered �y this paragraph includ�,
<br /> without f#mitation, hvwe�er subject to any limi�s under applicable law, L�nder's attorneys' fees and Lender's legal
<br /> expenses, whether vr not �here is a lav�rsuit, inGludEn� at�orn�ys` f��s and expenses for bankruptcy proceedings
<br /> �includin� efforts to modify or�acate any automafii�stay or injunc�ionf, appeals, and any anticipat�d pas�-judgment
<br /> collection serWices, the casfi of searching re�ords, Qbtaining �itle rep�r�s {inclu�ing �orec�vsur� reports}, sur��yors`
<br /> rep�rts, �nd appraisal fees, ti�le `tnsurance, and fees for the Trus�e�, to �he extent pe�mitted b�r appli�able la►►v.
<br /> Gran�kor also will pay any cou�t casts, in additian ta al!other sums pr�vEded by law.
<br /> flliiS�ELLANEC7U5 PRQV[SIUNS. The�a�lowing mis�elianeaus pro�isians are a part of this Assignmen�:
<br /> Amendmen�ts. This Assi�nment, together wi�h any Related Documents, canstitut�s the entire un�erstanding and
<br /> agreement of the parti�s as fo the matters set for�th in this Assignmen�. No alt�ra�i�n vf or amendment to this
<br /> Assignmen�k shall 1ae �f�ecti�e unless giWen in writing and signed by the party or par�ies s�ugh� to be charged or
<br /> �ound hy the al�eration or amendment.
<br /> Caption Headings. �aption headsngs in�his Assignment are for con�enience purposes only and are not�o �e used
<br /> t❑ interpret or define the provisions of this Assignment.
<br /> Gaverning Law. This Assignment rrvi�l b� governed by federal lavv applicable to L�nder and, t� �he extent not
<br /> preernpte�l by federa[lar►v,the laws of#he S�ate of Nebraska rrvithout regard to its conflic�s of!aw pro►risivns. This
<br /> Assignment nas heen accepted by L,ender in the S�ate o�Nebraska.
<br /> �hoi�e af Venue. If th�re is a lawsuit, Grantor agre�s upan Lender's rsquest ta submit to �rhe jurisdictian t�f the
<br /> courts of HALL�vunty, 5tate o�Nebraska.
<br /> Jaint and 5e�era[ Liability. AI� obligations of B�rrawer and Grantor under this Assignment sha�l be j�int and
<br /> se�eral,an� ali references to Grantor shall mean each and every Gran�vr, and a�l re�Ferences to Borrower shall mean
<br /> each and eWery gorrower. This means that ea�h Grantor signing below is responsibl� for all ❑bligatinns in �this
<br /> Assi�nment. 1lllhere any an�or more o�F the parties is a corpora�tion, partnership, limited liabili�y�ompany or similar
<br /> en�ity, it is nat nec�ssary for Lender to inquire infio�the pow�rs of any o�the of'�i�ers, directars, par�ners, members,
<br /> or other agen�s actin� or purporting to ac� on th� entity's behal�, and any o�liga�i�ns made or created in reiiance
<br /> upan th�prof�ssed exercise�f such powers shall be�uaranteed under this Assignment.
<br /> illierger. Ther� shal� be na merger o� th� interest ar estate creafied by th�s assignm�nt with any oth�r inter�st vr
<br /> �state in the Properfy at any t�me held by or for�he benefit of L�nder in any capacity, w�thaut the written consen�
<br /> o�r Lender,
<br /> �nfierpretation. {�} In al[ cases where there is more than ane Borr�wer or Gran�or, then ai� wards used in this
<br /> Assignmen� in the singular shal� be d�emed ta have been used in the plura� where the cQntext and canstruction so
<br /> require. ��� If ma�e than one person signs�his Assignment as "Grantor," the abliga�ians �f�ach Grantor ar�jaint
<br /> and se�eral. This means that if Lender brings a lawsuit, Lender may sue any ane ar more �f the Grantors. lf
<br /> Barrower and Grantor are no�the same person, Lender need n�t sue Borrower�irst, and�hat Borr�w�r need not f�e
<br /> jnined in any lawsuit. �3� The names given to paragraphs or sectians in �his Assignment are for conWenienc�
<br /> purposes onl�.They are not to be used to int�rpret or defin�the pro�isions af this Assi�nment.
<br /> N� Wai�er by Lender. L�nder shall not be deemed �� ha�re wai�ed any rights under �his Assignmen� un�ess such
<br /> wai�er is given in writing and si�ned by L�nder, Na delay or omission an the part of Lender in exercising any right
<br /> shali ❑psrate as a waiver of such right ❑r any other right. A vuai�er by Lender of a provisi�n of this Assignmen�
<br /> sha11 not prejudice o� consti�u�e a wai�er vf L�nder's ri�ht otherwise t� demand s�rict cvmpliance with �hat
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