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<br /> 2� 1 �� 152�
<br />� ASSIGNMENT �F RENTS
<br /> Loan Na: 'I�"i 294��7 �Continued� Page 4
<br /> the name ❑f Grantar and t� nego�iate the same and collect the proceeds. Paym�n�s �y tenants or o�her users t❑
<br /> L�nder in response �❑ Lender's demand shal! sat�sfy�he obliga�ians �o� which th� payments are made, whether ar
<br /> not any prnper grounds for �he demand existed. Lender may exercise i�s rights und�r �his subparagraph either in
<br /> persan, by agent, or through a receiWer. �
<br /> ather Remedies. Lender shal[ ha�e all �ther rights and remedi�s pro�ided in��his Assignment ❑r the Nofie ❑r by
<br /> law.
<br /> Election of Remedies. E1ec�ion by Lender to pursue any remedy shall not exclude pursui�of any nther remedy, and
<br />� an elec�ion to make expenditu�es or to take acti�n to perfarm an abliga#ion o�F Grantor under this Assignment, after
<br /> Grantor's fiailure�o perfarm, shall not affect Lender's right ta declare a defau[t and exercise i�s r�medies.
<br /> Attorneys' Fees; Expenses. lfi Lender ins�itu�es any suit or activn ta �nforce any of the terms ot this Assignmen�,
<br /> Lender shafl be entitled to �-ecoWer su�h sum as �he caur� may ad�udge reasonabEe as a�tarneys` fees at trial and
<br /> upan any appeal. 1Nhether or no� any court action is inWol�ed, and to �h� ex�ent nat prohibi�ed by f aw, all
<br /> reasonab�e expenses Lender incurs �hat in Lender's opinion are necessary at any time for �he protection of i�s
<br /> in�erest❑r the enforcement o�its rights sha�� became a part of the lndeb�edness payable on demand and shall bear
<br /> interest at the No�e rate from th� dafie ❑f the expendi�ure unti[ repaid. Expenses co�ered hy this pa�-agraph include,
<br /> wi�hout limita-ki�n, hvwe�er subject f❑ any limits under applicabfe law, Lender's attorneys' fees and Lender's lega�
<br />� expenses, whether ❑r nat there is a lawsui�, in�luding attorneys' fees and exp�nses �or bankruptcy proceedings
<br />; {including ef-Forts ta m�dify or Waca�e any automa�ic stay or injunctivn}, appeals, and any anticipated post-judgmen�
<br />, coll�ction ser�ices, �he cast of searching recvrds, abtaining tifls reports {including fioreclosure reports}, surWeyors'
<br />� repor�s, and appraisal fees, ti�le insurance, and �ees for �h� Trustee, ta the extent permitted by applicable law.
<br />� Gran�or als❑ will pay any court cas�s, in addit�on to al[oth�r sums pro��ded by law.
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<br />; M[SCELLANE�US PR�VISIDNS. The folivwing miscellaneous pr��isions are a part❑�this Assignmen�:
<br />� Amendments. This Assignmen�t, toge�her with any Re�ated Documents, cons�i�utes the entir� understanding and
<br /> agreemen� o� the parties as fia �h� ma��ers se� forth in this Assignment. N� al�eration of or amendment �o this
<br /> Assignment shall be e��ecti�e unless giWen in writing and signed by the par�y or par�ies sought to be charged or
<br /> bound by the a[tera�ion❑r amendment.
<br /> Cap#Ean Headings. Cap�ian headings in this Assignm�:nt are far con�enien�� purposes only and are not ta be us�d
<br /> to interpre�ar define the pro�isions o�this Assignment.
<br />� Go�erning Law. This Assignmenfi wi[[ he governed hy federa[ [aw app�i�ab[e ta Lender and, �v the ext�n� not
<br /> pre�mpted by federal iaw,�he [aws o�f th� Sfiate of Nebraska wi�hout regard ta its cvn�licts of law provisions. This
<br /> Assignment has been a��ep�ed by Lender in the StatQ of Nebraska.
<br /> Choice ot Venue. If �here is a lawsuit, Grantor agr�es upon Lender's request �ko submit to the jurisdiction o� the
<br /> courts vf Hall County, State of Nebraska.
<br /> Jo�nfi and S��eral Liabi[i#y. All ❑b�igations ❑f Grantar under �his Assignmen� shall be jain� and se�eral, and all
<br /> references to Grantar shat� mean each and e�ery Granto�. This means that each Grantar sFgning below is
<br /> respvnsible-�or aIl ob[igatians in this Assignment. `
<br /> Merger. There shall be no merger ot the �nterest or estate created by �this ass�gnment vvith any other interest ar
<br /> estate in�he Property at any time held by or for the benefit of Lender in any capaci�y, wi�hou�the written cansent
<br /> at Lender.
<br /> :
<br /> In�erpretation. �'i} In all cases where there is mnre �han vne 6orrower vr Grantvr, then all words used in �his
<br />, Assignment in the singular shal[ be de�med �o ha�e been us�d in fihe p�ural where the contex� and canstru�tion s❑
<br /> require. �2� lfi more fhan ❑ne persvn signs this Assignmen�as "Grantor," the �bligations of each Grantor are joint
<br /> and se�eral. This means that if Lender brings a lawsuit, Lender may sue any ❑ne ar more v� the Gran�ars. !�
<br />� Borrawer and Grantor ar� nat the same person, Lender need not sue Borrawer fiirst, and �hat gorrower need not be
<br /> joined in any lawsuit. {3y The names gi�en ta paragraphs or sec#i�ns in �his Assignm�nt are �o� cvn�enience
<br /> pu�poses onfy.They ar� not�o be us�d t❑ in�erpret or de��ne the pro�isivns o�this Assignment.
<br /> Na Vllai�er by Lender. Lender shall nat b� deem�d to ha�e wai�ed any rights under this Assignment unless such
<br /> wai�er is given in writing and signed by Lender. Na delay or omission on the part of Lender in exercising any right
<br /> shall opera�e as a �aiver of such righ� or any other right. A wai�er by Lend�r of a pro�ision ofi this Assignmenf
<br /> shall not prejudice or cansfiitu�e a waiver of Lender`s rfghfi otherwise to demand strict compliance with that
<br /> pro�isian ar any vther proWision of this Ass�gnment. No prior wai�er by Lender, nor any course ❑t dealing betw�en
<br /> Lender and Grantor, shali �onstitute a wai�er o�f any of Lender's rights ❑r o�any o�Grantar's obligations as �o any
<br /> future �ransactivns. Whenever the cansent of Lender is required under this Assignment, fihe granting of such
<br /> cnnsent hy Lender in any ins�ance shall na� cons�itute continuing consen� �o suhsequenfi instances where such
<br /> �ansent�s requir�d and in all cas�s such consent may be granted or wi�hheld in�he sole d�scretian of Lende�.
<br />� No#ices. Any no�ice r�quired t❑ be gi�en under �h€s Assignmen� shall be given in writing, and shall be e��ecti�e
<br /> when actual[y de[i�ered, when actually rece��ed by telefacsimile �unless otherwise required by law}, when
<br /> d�pasited with a nationally r�cognized o�ernight cvurier, ❑r, if mailed, when d�p�sited in the [Jnited Sta#�s mail, as
<br /> firs� class, cert+�iet� or registered mail pastag� prepaid, directed to the addresses shown near�he heginning of this
<br /> Assignment. Any party may change its address �ar notices under�his Assignmen� by giving formal wri�ten nvtice
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