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2� 1 ��4994
<br /> ASSIGNMENT �F RENTS
<br /> Lvan Nn: ���2973�1 �Cant�nued� Page 4
<br /> G�antar's �aiiure t❑ perform, shall not affect Lender's right tv de�lare a default and exercise Ets remedies.
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Assignment,
<br /> Lender shall be entitled ta reco�er such sum as the couTt may ad�udge reasonab�e as attorneys' fees a# triai and
<br /> upvn any appeal. Wh�ther ar nat any �ourt action is in�al�ed, and ta the extent na� prahibited by law, a�l
<br /> reasanable expenses L�nder incurs that in Lender's vpinivn are necessary at any time for the pratection of its
<br /> interest or the enfarcement of its rights shall beCome a part of the �ndebtedness payable on demand and sha�l bear
<br /> interest at th� Nnt� rate trom the date af the expenditure until repaid. Exp�nses ca�ered by this paragraph include,
<br /> without fimitatfan, howe��r subject tv any limits under app�icable law, Lender's attorneys' fees and Lender's legaf
<br /> expens�s, whether ar not there is a lawsuit, including attorneys' fees and expenses far bankruptcy pracsedings
<br /> �including e�Ftorts to modify or�acate any aut�matic stay or �njunction�, appeals, and any anticipated post-judgment
<br /> �ollectian ser�ices, the cost of searching re�vrds, obtaining title reports {including tare�iosure reports�, sur�eyors'
<br /> reports, and appraisa! fees, title insurance, and �ees �vr the Trustee, to the extent permitted by app�i�abie law.
<br /> Grantor also wiil pay any court�vs�s, in additivn to all a�her sums pr��ided by law.
<br /> M�SCELLANE�US PR�Vi5l�N5. The fvllvwing mis�ellane�us pro�isions are a part af this Assignment:
<br /> Amendments. This Assignment, together w�th any Related Documents, constitutes the entire understanding and
<br /> agreement vf the parties as tv the matters se� forth in this Assignment. No alteration of or amendment ta thts
<br /> Assignment shall �e effecti�e unless gi�en in writing and signed by the party or parties sought tv be cha�ged �r
<br /> bound by the afteration or amendment,
<br /> Caption Headings. Caption h�adEngs in this Assignm�n# are for can�enience purposes only and are nat to be used
<br /> tv �nterpret vr define the prv�isions flf this Assignment.
<br /> Go�ernin� Law. This Assignment wi�l b� go�erned by federal !aw applicable to Lender and, to the extent nat
<br /> preempted by#ederal law,the laws vf the State of Nebraska without regard tv its con�licts ❑f law pro�isions. This
<br /> Assignment has been accepted by Lender in the 5tate of Nebraska.
<br /> Choi�� of Venue. If �here is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdictian of the
<br /> courts of Hall C�unty, State❑� Nebraska.
<br /> Joint and Se�eral Liahility. All obliga�ions of Grantor under this Assignment shall be jaint and se�erai, and ail
<br /> referen�es t❑ Grantor shal! mean each and e�ery Grantor. This means that each Grantar signing below is
<br /> responsible fvr afl obligations in this Assignment.
<br /> IVlerger. There shall be no merger of the interest or estate created by thfs assignment with any other int�rest or
<br /> estate in the Property at any time he�d by or f�r the benefit of Lender in any capacity, without the writ�en �onsent
<br /> of Lender.
<br /> Interpretatit�n. ��y In all cases where there is more than vne Barrower flr Grantor, then al! words used in this
<br /> Ass�gnment in the singular shall be deemed t❑ ha�e been used in the plural wher� the context and �onstruGti�n s�
<br /> require, {Zy ff more than ❑ne pers�n signs this Assignm�nt as "Grantor," the obligations af each �rantor are jaint
<br /> and se�eral. This means that if Lender brings a �awsuit, Lender may sue any ane �r mvre vf the Grant�rs. if
<br /> 6vrrvwer and Grantor are no#�he same person, Lender nesd nat sue Borrower first, and that Barr�wer need not be
<br /> ���ned in any lawsuit. �3y The names gi�en #❑ paragraphs ❑r sectians in this Assignment are for con�enience
<br /> purposes❑nly. They are not to he ussd to in#erpret or define the pro�isions of this Assignment.
<br /> No Wai�er by Lender. Lender shall nvt be deemed to ha�e wai�ed any rights under this Assignment unless su�h
<br /> wai�er is gi�en in writing and signed by Lender. No delay vr omissivn an the Rart of L�nd�r in exer�ising any right
<br /> shall ❑perate as a wai�er af such right or any other right. A wai�er by L�nder of a pro�isi�n af this Assignm�nt
<br /> sha�1 n�t prejudice or canstitut� a wai�er of Lender's right oth�rwise ta demand strict compliance with that
<br /> pro�isi�n or any other pro�ision of this Assignment. No prior wai�er by Lender, nar any course �f dealing between
<br /> Lender and Gran�vr, shall constitute a wai�er vf any of Lender's rights ❑r of any af�rantor's ❑bligati�ns as ta any
<br /> future transactians. Wh�ne�er the consent of Lender is requir�d under this Assignment, the granting of such
<br /> consent by Lender in any instan�e shall nat constitute cvntinuin� Gvnsent to su�sequent instances where such
<br /> consent is required and in a�� �ases such consent may be granted �r withheld in the s��e discreti�n❑f Lender.
<br /> Nvtices. Any notice required to be gi�en under this Assignm�nt shal� be giuen in writing, and shail be effecti�e
<br /> when actually deli�ered, when actua#�y recei�ed by telefacs�mile {unle�s ❑th�f W15� r�quired by lawy, when
<br /> deposit�d wirh a natianally r�cagnized o�ernight caurier, ar, if maiied, wh�n dep�sit�d in the lJnited States mail, as
<br /> first class, certified or registered mail pastage prepaid, dire�ted �o the addresses shown near the beginning of this
<br /> Assignment. Any party may chang� its address for notic�s under this Assignment by �i�ing ft�rmal written notice
<br /> t❑ the other parties, sp�cifying that the purpose af th� noti�e is to change the party's address. For notice
<br /> purpases, Grantar agrees ta keep Lender infarmed at a�� times of Gran�or's current address. Unless ❑therwise
<br /> pr��ided or required by law, if there is m�re than one Grantor, any notice gi�en by Lender to any Grantor is
<br /> deemed ta be notice gi�en t� al� Grantors.
<br /> Pvwers vf Attorney. The �arious ag�ncies and powers vf attorney can��yed ❑n Lender under this Assignment are
<br /> granted for purposes ❑f se�urity and may nat be r��aked by Grantor untii su�h time as the same are renounced by
<br /> Lender,
<br /> Se�erability. �f a court of competent jurisdiction finds any pra�isian af this Assignment t� be illegal, in�alid, or
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