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2� 1 ��2��� <br /> ASSiGNMENT DF RENTS <br /> ��ontinu�d� Page 2 <br /> pvssessivn vf the Pr�perty; collect the Rents and remvve any tenant or tenants or other p�rsvns�rom the Property. <br /> IIllainfiain the Property. Lender may enter upvn the Property t❑ ma�ntain the Property and k�ep the same in repair; <br /> to pay the c�sts thereaf and a�a�! ser�ices of ail emplvy��s, inc�uding their equipment, and af all cvntinuing cvsts <br /> and expenses of maintaining the Praperty in proper repair and cvndition, and alsv to pay all taxes. assessments and <br /> wate�utilities, and the premiums on fir�and o�her insurance ef�e�ted by Lender on the Property. <br /> �ompliance with Laws. Lender may do any and a�l things tv execute and comply with the faws vf the 5tate vf <br /> Nebraska and alsa all vther laws, rules� orde�s, vrdinances and requirements af a!I other go�ernm�nta� agencies <br /> affecting the Property. <br /> Lease the Property. Lender may rent or lease the wh4le❑r any part o�the Property for such fierm or terms and an <br /> such conditions as Lender may deem appropriate. <br /> Emplay Agents. Lender may engage such agent vr agents as Lender may deem appropriate, either in Lender's <br /> nam�or in Grantvr's name,to rent and manage the Prope�-ty, including th�coilectivn and application of R�nts, <br /> Uther Acts. Lender may da al� such �ther �hings and acts w�th respe�t to the Pr�perty as Lender may deem <br /> appropriate and may act exclusi�ely and s�lely in the place and stead of Grantor and to ha�e all a#the pawers of <br /> Grantor for the purposes stated abo�e. <br /> Nv Requirement to Act. Lender shall not be requir�d tv do any vf the �o�egoing acts or things. and the �act that <br /> Lender shal! ha�e performed one or more of the fioregving acts ❑r things shali not re�uire Lender �o do any vther <br /> specifi�act or thing. <br /> APPL��ATi�N DF RENTS. A!I cvsts and expenses in�urred by Lender in connec�'ton with the Property shall be far <br /> Grantor's a�coun� and Lender may pay such casts and expens�s frvm the Rents. Lender, in i�s sole discretion. sha�� <br /> determine th� application ❑f any and all Rents recei�ed by it; however, any such Rents recei�ed by Lender which are <br /> nvt applied �o such costs and expenses shall he applied t❑ the indebtedness. Ali expenditures made by Lender unde� <br /> � this Assignment and nat reimbursed from the Renfis shali become a part vf the inde�tedness secured �y this <br /> Assignment, and shail be payat�le on demand, wi�h interest at the Nvte rate�ram date of expenditure unti� paid. <br /> FULL PERFURIVIANCE. ff Grantot pays all vf the lndehtedness when due and atherwise per�orms all the abligations <br /> Emposed upon�ran�or under this Assignment,the Note, and the Related Da�uments, Lender shall execute and deli�er�a <br /> Grantar a suitable satisfaction o�this Assignment and suita�le statemen�s of termination ofi any �Enan�ing statemen�on <br /> file evidencing Lender's security interest in the Rents and the Praperty. Any t�rmEnation fee required by !aw shali be <br /> paid by �rantvr, if permitted by applicable taw. <br /> LENDER'S E]CPEND�TURES, ft any actian or pr�ceeding is commenced that would materialiy affect Lender's �nteres� in <br /> the Property or if Grantor fails ta �amply wi�h any pro�isian o�this Assignment vr any Re�ated D�cuments, �nc�uding bu� <br /> not limited to Grantvr's failure to dEs�harge vr pay when due any amounts Grantar is r�quired�o discharge or pay under <br /> �his Assignment �r any Ralated Documen#s, Lender on �ran#ar's behaif may �bu# shal� nat be obligated tv} take any <br /> action that Lender deems appropriate, inc�uding but not limited to discharging or paying al� taxes, liens. security <br /> in�erests, encumbrances and vther claims. at any time le�ied or piaced on the Rents or the Prvp�rty and paying a!!�osts <br /> for insur�ng. maintaining and preser�ing the Property. A�� such expenditures incurred or paid by Lender for such <br /> purposes ►rvill then bear interes�at the rate charged under the Note from the date incurred or paid by Lender to the date <br /> �f repayment by Grantor. All such expenses wi�l become a part of the Indebtedness and, at Lender`s option, w��! {A} <br /> be payable vn demand; �gy be added �o the balance o#the Note and be appor��oned among and be payable with any <br /> installmen� payments ta become du� during either �1� the term �� any applicabie insurance palicy; ❑r �2} �the <br /> remaining term of the Nvte; vr �C� be treated as a ballvon payment which wi�� be due and payable at the Note's <br /> maturity. The Assignm�nfi also will secure payment�f these amounts. Such right shall �� �n additivn to all ather�ights <br /> and r�medies to v�hi�h Lender may be enti�led up�n De�ault. <br /> DEFAULT. Ea�h of th�foil�wing, at Lender's vption, shall consti#ute an E�ent of Qefault under this Assignment: <br /> Payment Defauit. Grantor�ails to make any payment when due under the Indebtedness. <br /> ❑ther Defaults. Grantor fails to cvmp�y with or to perfarm any other term, abligation, ca�enan� �r condi�ion <br /> contained in this Assignmen� or in any o# the Re�ated Dacuments or to comply with v� to perform any term, <br /> ob�igation, covenan�or�ondition c�n�ained in any other agre�ment b�tween Lender and Gran�vr. <br /> Defaul#an Dther Payments. Failur� vf Granto� vvithin the time r�quired by th�s Assignment�o make any payment <br /> far tax�s or insurance, or any��her payment necessary to pre�ent filing of or to effect d�scharge vf any iien. <br /> Default in Fa�ar of Third Parties. Any guarantor or Grantor defaul�s under any loan, extension vf credit, security <br /> agreement, purchase or saEes agreement, vr any other agreement, in fa�or of any other c�ed��or vr pers�n that may <br /> material�y affect any❑f any guarantor's or Grantvr's praper�y or ability�tv per�a�-m th�ir respecti�e ohliga�tions under <br /> this Assignment or any vf the R�lated ❑ocumen�s. <br /> False Statements. Any Vvarranty, representation ar statement made or furnished to Lender by Grantor or vn <br /> Grantor's behalf under this Ass�gnment or the Re�ated Dv�uments is fialse or misl�ading in any materia� �espect, <br /> either now or at the time made or furnished❑r becomes faEse or misleading at any time thereafter. <br /> Defg�ti�e C��lateralization. This Assignment or any af the Re�atsd �ocuments�eases to be in full force and�ffect <br /> �including fiailure af any cvilateral document ta create a valid and perfected security interest or Iien� at any tim�and <br /> �or any reasan. <br /> Insolven�y. The dissa�uti�n or t�rmina�ion of the Trust, the insvl�en�y of�rantor, the appvintm�nt vf a receiver <br /> �For any part v��rantar's prvperty, any assignment for the benefiit vfi creditorS, any fiype af creditar workaut, vr�he <br /> cvmmencement of any praceeding under any hankruptcy�r insol�en�y laws by or against Grantvr. <br /> �redi�vr or For#eiture Prviceedings. Cvmmencement of fore��vsure or forfeiture proceedings, whether by judicia! <br /> proceed�ng, self-help, reposs�ssion ar any other method, by any creditvr af�rantvr or k� an <br /> y y ga�ernmentaf agen�y <br /> against the Rents or any proper�y se�uring th� Ind�btedness. This includes a garnishment v�F any of Grantor's <br /> accvunts, including deposE# accounts, with Lender. Howe�er, this E�ent o� De�Fault shali na� apply if th�re is a <br /> good faith dispute hy Crantor as to the�alidity ar reasvnableness of the �laim which is the ba�is o#the creditor vr <br /> �orfeiture pro�eeding and ��Grantor gi�es Lender written notice af the creditor ar forfeiture pro�eedin�and depvsits <br /> ►rvith Lender monies vr a surety band for the creditor or forfeiture proceeding, in an amount determined by L�nder, <br /> in its sv��disc�et�on, as being an adequate reser�e vr band fvr the dispute. <br /> Prvperty Damage vr Lvss. The Praperty is Ivs#, stai�n, substantially damaged, svld. or bvrrvwed against. <br /> Events Affecting Guarantor. Any a� the preceding e�ents vccurs with respect ta any Guarantor of any of the <br /> lndebtedn�ss �r any Guarantor dies or �ecvmes incvmpetent, or r��okes or disputes the �alidity af. ar liability <br /> under, any Guaranty of the Indebtedness. <br /> Ad�erse Change. A material ad�erse �hange occurs in Grantar's financial conditian, or Lender belie�es the <br /> prospect of payment or pertormance vf the Indebtedness �s impair�d. <br /> Insecurity. Lender in good �Faith b�lie�es its�lf insecure. <br /> Cure Rro�isions. If any default, other �han a default in payment, is curabie and if Grantor has not been gi�en a <br />