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2� 1 ��3131 ASS�GNf�ENT �F REIVTS Laan No: 'I�'i�9�5�� ontinued� Page 2 THIS ASSIGNMENT 1S GIVEN TD SECURE {'I} PAYfVIENT aF THE fNDEBTEDNESS ANG ��) PERFORMANCE �F ANY AND ALL�gLIGATIDNS �F BDRRDIIVER AND GRANTDR UN�ER THE fVOTE, TH15 ASS��GNNIENT. AND THE RELATED ❑QCUf1fIENTS. TH�S ASSIGN111iEIVT 15 GIVEN AND ACCEPTED�N THE F�LLC]WING TER�#liS: �RANTOR'S VIIAIVERS. Granta�waives aEl ri�h�s ar de�Fenses arisin� by r�ason o�F any "ane action" ar "anti-de�ri�iency" law, or any other law which may pr�vent Lender �rom bringing any action against ��rantor, includin� a claim far deficiency to the extent Lender is oth�rwise entit�ed �a a claim for�ie�iciency, be�ore or after Lend�r's commencement ar �ompl�tion of any fareclosure action, either judicially or by exercise of a power of sale, BORR�WER'S VIJAEVERS AND RESP�NSiBILiTiES. Lend�r need not t�ll Sorr�wer abaut any action or inactian Lender takes in connection w�th this Assignment. Borrawer assumes �he �esponsibiiity for being and keeping in�formed ab�ut the Property. Barrvwer waives any dsfenses tha� may arise because of any action ar inac�ion v�F Lender, including wi�hvut [imita�ian any fiailure af Lender ta realize upon the Property, vr any delay by Lender in realizing upon the Property. 6orrovuer agrees to remain lia�ie under th� No#� with Lend�r no matt�r what ac#ion L�nder �akes ar fails to tak�under this Assignment. PAYIIl�ENT AND PERFDRMANCE, Excsp� as atherwise proWided in this Assignment or ar�� Related Documents, Grantor shall pay to Lend�r a!I amoun�s secured by this Assignment as they become due, an� sha�l stricfly per�arm all af �ran�tar's obligatians under this Assignment. lJnless and unti� Lender exercises its right to c�!lec��h� Rents as prQ�ided below and so long as �here is n❑ default under this Assignment, Gran�ar may remain in possession and control of and operate and manage the Proper�y and ca�lect the Rents, pra�ided that the �ranting of the right�o collect the Rents shall not c�ns��tu�e Lender's c�nsent�a th�use of cash co�lateral in a bankruptcy proceeding. GR�4IVT�R'S FiEPRESENT►46T1(�N5 AIVD WARRAIVTIES. G�an�ar warrants�ha�: Dwnersh�p. Grant�r is entit�ed ta receive the Rents �ree and clear of a�i ri�hts, faans, liens, �ncumbrances, and �laims except as dis��osed t� and accept�d by Lender in writing. Righ�to Assign. Grantor has �he �ull righ�t, p�wer and authority t❑ enter int� this Assignment and t� assign and con�ey the Rents to Lender. Na Pr�or Assignrnent. Gran�or has no� pre�iously assigned or con�eyed th� Ren�s �a any ��her person by any instrument now in f�rce. iV�Fur#her Transfere �rantar wil� no�se[I, assign, encumber, ar c�therwise dispose of any tit Gran�or's rights in�he Rents excep�as pro�ided in�his Assignment. LENaER'S RIGHT TQ RE�EiVE AND C�LLECT RENTS. Lender shalf ha�e the right at any time, and eWen th�ugh no default shall have occurr�d und�r�his Assignment, to coll��t and r�cei�e the Rents. For this purpose, Lender is h�reby gi�en and gran�ed the fol�owing rights, powers and auth�rity: Notice ta Tenants. Lender may send natices tv any and al� tenants of the Property ad�fsin� them of this Assignmen�and directtng a11 Rents to be paid directly ta Lender or Lender's agen�. Enter the Prvperty. Lender may�n�er upon and talce p�ssession �f the Property; deman�, co�lect and recei�e�from th� tenants or from any o�her p�rs�ns fiable therefor, all o� �he Rents; insfitute and carry on all legal pro�eedings necessa�y far the pr��ec�ion �� the Prvperty, including su�h pr�ceedings as may be necessary to reco��r possessi�n of�h� Property; �ollec�the Rents and remo�e any tenant or tenants or other�persans�rom the Prvperty. IVlaintain the Proper�y. Lender may enter upvn the Property�o maintain the Prop��y and keep the same in repair; tv pay the �asts thereof and o� all servic�s o�F al� employees, including their equipment, and vf al� cantinuing cos�ts and �xpenses❑f ma�ntaining the Prop�rty in prop�r repair and c�nditifln, and als�ta pay al�taxes, assessm�nts and virater utiliti�s, and the pr�miums on fiire and o�her insuran�e effiected by Lender vn the Property. C�r�p�ianc� v�ith Laws. Lende� may do any and al! things ta exeGute and camply with the �aws of the State of iVehraska and also all tither laws, rules, orders, ordinances and requir�ments af al� other goW�rnmenta! agencies a�fecting ths Property. Lease the Prop�rty. Lender may rent or lease the whole or any part of the Pr�perty for such term or terms and on such �onditinns as L�nder may d�em apprapr�ate. Employ Agents. Lender may engage such agent o� agents as Lender may deem apprapr€a�e, either in Lender's name ar in Grantor's name,tv ren�and manage�he Property, including�he coile�fiion and application of Rents. �ther Ac�s. Lender may da aII such o�her �hings and acts with respe�t �a the Property as Lender may d�em appropriate and may act exclusi�ely an�l s�lsly in the place and s�ead afi Grantor and �❑ hav� all of the powers o�f Grant�r�or the purp�ses stat�d aboWe. Na Requirement to Act. Lendsr shall nat be required to do any of the foregoin� ac�s or �hings, and the fact that Lender shal� ha�e perfarmed ane or more of the for��ing acts ar things sha�l not require Lender ta do any ❑ther specific act ar thing. APPLIGATI�N aF RENTS. Ai� C05�5 and expenses in�urred by Lender in connectivn wi�h the Praperty shafl be far Grant�r's accaunt and L�nder may pay su�h costs and expenses fram the Rents. Lender, in its so�e dis�retion, shall determine the application af any and all Rents received by i�; however, any such Rents recei�ed by Lender wh�ch are not applied t❑ such costs and expenses shall be appli�d to the Indeb�edness. Al� expendi�ures made by L�nder under