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2� 1 ��2���
<br /> ASSIGNMENT �F RENTS
<br /> �Continuedj Pa9e 3
<br /> n�tice ❑f a breach of the same pra�ision of this Assignment within the preceding twel�e ���� months. i# may be
<br /> cured if Grantor, after Lender sends written not�ce to Grantor demanding cure of such defaul�: �1 f cures the
<br /> default within twenty �ZDf days; or �2f if the cure requ�res more than twenty �2Qy days, immediately initiates
<br /> steps which Lender deems in Lender's svle discretion ta be suffi�ient t❑ cure the default and thereafter continues
<br /> and �ompletes all reasonable and necessary steps suf#icient tv produ�e complianc� as so�n as reasanably
<br /> pra�tical.
<br /> RIGHTS AND REMEDIES �N DEFAULT. lJpan the occurrence of any E�ent of Default and at any time thereafter, Lender
<br /> may exercise any one or more of the fv#Iowing rights and remedies, in additivn to any other rights or remedies pra�ided
<br /> t�y�aw:
<br /> Accelerate Indehtedness. Lender shall ha�e the right at its option to deciare the ent�re Indehtedness immediately
<br /> due and payahle. inc�uding any prepayment penalty that Grantor would be required to pay.
<br /> Coilect Rsn#s. Lender shall ha�e the right, without notice to Grantor, to take possession of th� Property and
<br /> collect the Rents, including amounts past due and unpaid, and apply the net proceeds, o�er and abo�e Lender's
<br /> costs, against the Indebtedness. In #urtherance of this right, Lender sha�l ha�e all the rights prv�ided for in the
<br /> Lender's Right to Recei�e and Collect Rents 5ectivn, aba�e. !f the Rents are collected by Lender. then Grantor
<br /> irre�ocably designates Lender as Grantor's attorney-in-fact to endorse instruments recei��d in payment th�revf in
<br /> �he name af Grantor and to negotiate the same and collect #he proceeds. Payments by tenants or other users to
<br /> Lender in response to Lend�r's d�mand shall satisfy the obligations #or which the paym�nts are made, whether or
<br /> nvt any proper grvunds for th� d�mand ex�sted. Lender may exercise its rights under this suhparagraph either in
<br /> person, by agent, or through a recei�er.
<br /> D#her Remedies. Lende� shai� ha►►e all other rights and remedies prv�ided in this Assignment or the Note or hy
<br /> law.
<br /> Etection o#Ramediss. Election hy Lender t❑ pursue any remedy shall not excfude pursuit of any other remedy, and
<br /> an ele�tian to make expenditures or to take action ta perform an obligation vf Grantor under this Assignment, after
<br /> Grantor`s failure to perform. shal! not affe�t Lender's right to declare a defauit and exercise its remedies.
<br /> Attvrneys' Fees: Expenses. !f Lende� institutes any suit�r action to enforce any of the terms o#this Assignment,
<br /> Lender shall be entitled to reco�er such sum as the court may adjudge reasona�le as attorneys' fees at #rial and
<br /> upon any appeal. Whether vr not any court action is in�Ql�ed, and t� the extent not prohihited by iaw, all
<br /> reasonable expenses Lender incurs that in Lender`s opinion are necessary at any time for the protectivn vf its
<br /> inte�est or the enforcement of its rights shaii become a part�f the Indebtedness payabie on demand and shall bear
<br /> interest at the Note ra�e from#he date of the expenditure until repaid, Expenses�v�ered by this paragraph include,
<br /> w+thvut limitation, hawe�er suhject to any limits unde� applicable law, Lender's attorneys' fees and Lender's legal
<br /> expenses. whether �r not there is a lawsuit, including attorneys' fees and expenses #or bankruptcy praceedings
<br /> �including efforts to modify or�acate any automatic stay or injunctianf, appeals, and any anticipated post-judgment
<br /> collection s�r�ices. the cost of searching records, obtaining title reparts �including fareclasure r�ports}, sur�eyors'
<br /> reports, and appraisal f�es, title insurance. and fees for �he Trustee, to the extent permitted by applicable law.
<br /> Grantor also wiff pay any court�osts, in addition to all other sums pro�ided by law,
<br /> MiSCELLANEQUS PRQVISI�NS. The following miscellaneous pra�isions are a part of this Assignment:
<br /> Amendments. This Assignment, tvgether with any Related Dacuments, constitutes the entire understanding and
<br /> agreement of the parties as to the matters set forth in this Assignment. No alteration vf or amendment t❑ this
<br /> Assignment shall be effecti�e unless gi�en in writing and signed by the party vr parties s�ught t❑ b� charged or
<br /> bound by the alterat�vn or amendment.
<br /> Caption Headings, Captivn headings in this Assignment are for con�enience purposes ❑nly and are not to be used
<br /> to interpr�t or define the pro�isions of this Assignm�nt.
<br /> Co�erning Law. This Assignment wilf be go�erned by federal law applicable to L�nd�r and, tv the extent not
<br /> preempted by federa�law.the�aws vf the State vf Nebraska without regard#o its cvn#li�ts of law prv�isions. This
<br /> Assignment has been accepted by Lender in the State of Nebraska.
<br /> Choice vf Venue. ff there is a lawsuit. Grantor agrees upon Lender's request tv submit to the jurisdiction ofi the
<br /> courts of Hall County, State vf Nebraska.
<br /> Joint and Se�eral Liability. All abligations of Grantar under this Assignment shall be joint and se�eral, and all
<br /> references to Grantor shall mean each and e�ery Grantor. This means that each Gran#ar s�gning belvw ts
<br /> respvnsihle for all obligations in this Assignment.
<br /> Merger. There shall be n❑ m�rger vf the intsrest or estate created by this assignment with any ather interest or
<br /> estate in th� Property at any time held by or for the benefit of Lender in any capacity. wi�hvut the written consent
<br /> of L�nder.
<br /> Interpre#atian. �1} In all cases wher� there is mor� than ans 8orrower �r Grantvr, then all words used in this
<br /> Assignment in the singular shall be d�emed tv ha�e been used in the piura! where the context and constructivn so
<br /> require. �2� !f more than one person signs this Assignment as "Grantor," the obligat�ons of ea�h Grantvr are joint
<br /> and se�eral. This means that if Lender brings a �awsuit, Lender may sue any vne ar more of the Grantors. I�
<br /> Barrower and Grant�r are not ths same person, Lender need nat sue Borrvwer first, and that Borrows�need not be
<br /> jvined in any lawsuit. t3� The names gi�en to paragraphs or sections in this Assignment are for con�enience
<br /> purpvses only. They are not to b�used to interpret or de#ine the pro�isions af this Assignment.
<br /> No Vllai�er by Lende�. Lender shall nvt b� deemed to ha�e wai�ed any rights under this Assignment unless such
<br /> wai�er is gi�en in writing and signed by Lender. N�delay or omission on the part of Lender in exercising any right
<br /> shall operate as a wai�er of such right or any other right. A wai�er by Lender of a pro�ision af this Assignment
<br /> shall not prejudice or constitute a wai�er of Lender`s right vtherwise to demand strict Gamp�iance with that
<br /> prv�ision or any other pro�isivn vf this Assi�nment. No prior wai�er by Lender, nar any c�urse vf dealing between
<br /> Lender and Grantor, shall cvnsti#ute a wai�er of any of L�nder's rights or of any of Grantor's obligations as to any
<br /> future transactions. Whene�er the consent vf Lender is required under this Assignment. the granting of such
<br /> cansent by Lender in any instance shall nat canstitute continuing consent tv subsequent instan�es wh�re such
<br /> cvnsent is r�quired and in all cases such consent may be granted ar withheld in the svle discretivn o#Lender.
<br /> Notices. Any natice r�quired t❑ be gi�en under this Ass�gnment shal! be gi�en in writing. and shall be e#fe�ti�e
<br /> when actually deli�ered, when actualiy recei�ed by telefacsimile �unless otherwise required by lawy, when
<br /> deposited with a nationally�ecognized o�ernight caurier, vr, ifi maiied, when depvsited in the United States maif, as
<br /> first class, certified or registered maif postage prepaid� directed to �he addresses shown near the �eginning af this
<br /> Assignment. Any party may change its address fior nvtices under this Assignm�nt by gi�ing farmal written notice
<br /> t❑ the other part�es, specifying that the purpose of the notice is t� �hange the party's address. Fvr notice
<br /> purpvses, Grantor agrees to keep Lender informed at a!I times af Grantor's current address. LJnless otherwise
<br /> pro►►ided or required �y law. if there is more than one Grantor. any nati�e given by Lender to any Grantor is
<br /> deemed to be notice gi�en to all Grantors.
<br /> Powers of Attorney. The �arivus agencies and pvwers of attarney con�ey�d on Lender under this Assignment ar�
<br /> granted for purposes of security and may nat be re�oked by Grant�r until su�h time as the same are renounced by
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