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201605192
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Last modified
7/24/2017 3:00:02 PM
Creation date
8/11/2016 11:29:26 AM
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DEEDS
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201605192
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2� 1 ��5192 <br /> ASSI�NN[E�VT C]F RENTS <br /> Laan No: 'I�'i�978�5 ��ontinued� Page � <br /> not constitute Lender's consent ta the use of cash collateral in a bankruptcy prviceeding. <br /> GRANT�R'S REPRESENTATIONS AND 1NARRANT�ES. Grantor warrants fihafi: <br /> Dwnership. Grantor is enti#led �❑ recei�e the Rents �ree and c�ear of aI� rights, ioans, iiens, encumbrances, and <br /> claims excep�as disc[vsed to and ac�epted by Lender in writing. <br /> Righ#to Assign. Grantor has the full right, power and authority tv en�er int❑ this Assignment and �o assign and <br /> con�ey the Rents to Lender. <br /> No Prior Assignm�n#. Grantor has not pre�ious�y assigned ❑r con�eyed the Rents ta any other person by any <br /> instrument now in force. <br /> No Fur�her Transfer. Gran�or wil[ not sell, assign, encumber, or afiherwise dispose af any of G�ran�or's rights in the <br /> Rents excep�as pro�ided in this Assignmenfi. <br /> LENDER'S RIGHT T� RECE�VE AND CULLECT RENTS. Lender shall ha�e the rEght at any tim�, and e�en thou�h no <br /> defau[�shal� ha�e occurred under this Assignment, tv collect and re�ei�e the Rents. Far this purpase, Lender is hereby <br /> gi�en and granted the#ollowing rights, powers and authority: <br /> Notice to Tenants. Lender may send notic�s fo any and all tenants ❑f the Property ad�ising them �f this <br /> Assignment and direc�ing a!� Rents to be paid directfy to Lender or Lender's agent. <br /> Enter�he Proper#y. Lender may en�er upon and take possession of the Property; d�mand, co[[ect and rece��e from <br /> the tenan�s or from any vther persons liable therefior, all o�the Ren�s; institute and carry �n aii lega[ proceedings <br /> necessary for fihe prot�ctian ❑f �he Property, inc[uding such prac�edings as may be necessary to reco�er <br /> possession ot the Prap�rty; collect�he Rents and remo�e any tenant ar fienan�s �r❑th�r persons from the Property. <br /> Main�ain the Property. Lender may ent�r upvn the Property tn maintain the Property and keep�he same in repair; <br /> t❑ pay the costs thereaf and of alI ser�ices of all emplayees, inc[uding their equipment, and af all cantinuing costs <br /> and expenses❑f maintaining�he Prvperty in pro�er repair and candEtion, and also to pay all�axes, assessments and <br /> water utilities, and�he p�-emiums on#ire and other insurance effected hy Lender on the Property. <br /> Complian�e with Laws. Lender may do any and a[[ �hings ta ex��ute and comply with the laws of the 5tate ❑f <br /> Nebraska and a[s� a[[ ofher laws. ru[es, ❑rders, ❑rdinanGes and requirements af all other governmental agencies <br /> affecti ng the Pra perty. <br /> Lease the Property. Lender may rent or [eas� fihe whole or any part ot the Proper�y f�r such term �r terms and on <br /> such cond�tians as Lender may deem approp�iate. <br /> Employ Agenfs. Lender may engage su�h agent or agents as Lender may deem app�vpriate, either in Lender's <br /> name or in Gran�or's name,to r�nt and manage fihe Praperty, �ncluding�he cal[ec��an and appl�cation❑f Rents. <br /> �ther Acts. Lender may do alf su�h other things and acts with respect to �th� Property as Lende� may deem <br /> appropr�ate and may act exclusi�efy and sole[y in the place and stead o� Gran�or and �a ha�e all of�he p�w��s of <br /> G rantor for the purpases stated abo�e. <br /> No Requirement to AGt. Lender shall not be required to d❑ any ��the foregoing acts ❑r things, and #he fac� that <br /> Lender shall ha�e perfvrmed one ❑r mare ❑f the foregoing acts vr thEngs shall not requir� Lender to d� any oth�r <br /> sp�ci�ic act or thing. <br /> APPLiGAT1�N �F RENTS. All casts and expenses incurred �y Lender in cannec�ion with the Pr�perty sha[[ b� for <br /> Grantor's account and Lender may pay such costs and expenses fr�m the Rents. Lender, in i�s sole discretion, sha[[ <br /> determ�ne the application o� any and all R�n�s recei�ed by i�; however� any such Rents recei�ed by Lender which are <br /> not app�ied tv such costs and expenses shall be applied �❑ the Indebtedness. All expenditures made by Lender under <br /> this Assignment and nvt reimbursed from the Renfis shall became a part o�f the [ndebtedness secur�d by this <br /> Assignment, and shafi be payabl� an demand, wi�h int�rest at the Note ra�e trnm dat� of expenditure until paid. <br /> FULL PERFaRMANCE, lf Grantor pays all of the �ndebtedness when du� ar�d vtherwise performs a[f �he ❑bligat�ons <br /> imposed upon Grant�r under�his Assignment, fihe Nvte, and the Rela�ed Documents, Lender shalf execu�� and de[i�er ta <br /> Grantor a suEtable satisfa�tion o#this Assignment and suitable statemen�s of terminati�n of any finan�ing s�atement�n <br /> fi[e ��idencing Lender's security �nterest in the Renfis and the Praperty. Any �ermina�ion fee required by law shall be <br /> paid by Grant�r, if permifi�ed by applicabfe iaw. <br /> LENDER'S E�CPEND[TURES. [f any actian flr proceeding �s commen�ed that would ma�eria[[y affiect Lender's in�erest in <br /> the Praperty or if Grantor�ails�o camply with any provisi�n of this Assignment❑r any Related Dacum�nts, including bu� <br /> not l�mited to Granto�'s �ailure ta discharge ar pay when due any amaunts Grantor is requir�d�o discharge ❑r pay under <br /> this Assignment or any Related Documents, Lender an Grantor's behalf may �but sha�l not be ��I�gated to} take any <br /> actian tha� Lender deems appropriate, inc[uding but nat limited #o discharging or paying a[[ taxes, liens, se�urity <br /> interests, encumbrances and o�her claims, at any fiime ie�ied or piaced ❑n�he Rents or the Property and paying all costs <br /> for insuring, maintaining and preservEng the Property. All such expenditures incurred or paid by Lend�r fo� such <br /> purposes will�hen bear in#erest at the ra�e cha�-ged under the Note from th� date in�urred or paid by Lender to the dat� <br /> flf repayment by Gran�or. All such expenses wi[[ become a part of the �ndebtedness and, a� Lender's ❑pti�n, will {A} <br /> �e payable on demand; tBy be added tv the balance of the Nate and be apportioned amang and be payab[e w�th any <br /> installment payments ta become due during eithe� �1} the term ❑� any applicab[e insurance policy; ar ��� the <br />
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