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2� 1 ��5192
<br /> ASSI�NME�VT �F RENTS
<br /> Loan Nv: 'I�'I�978'[5 �C[]nt�nued} Page 4
<br /> an electian to make expenditures vr to take actian ta pe�-#orm an obligation af Grant��under�his Assignment, after
<br /> Grant�r's failure to per#vrm, shalf no�affect L�nder's righ�ta dec[ar� a defaul�and exercise its remedies.
<br /> Attorneys' Fees; Expenses. If Lender institu�es any suit ar acfiion to enforce any ot the terms ❑f this Assignment,
<br /> Lender shal[ be en�itled �o reco�er such sum as the court may ad�udge reasonable as at�a�rneys` �ees at trial and
<br /> upon any appeal. Whe�her ❑r n�t any �aurt activn is in�o[�ed, and ta the �xtenf nvt prohib�ted by Iaw, all
<br /> reasonahle expenses Lender incurs that in Lender's opinion are necessary at any time �ar the p�-otection vf its
<br /> interest or the enforcement o��ts rights shall become a parfi vf the Indeb�edness payab[e vn demand and shafl bear -
<br /> interes�at the Note �-ate fram the date vf�he expenditure unti� repaid. Expenses co�ered by this pa�agraph �nclude,
<br /> without limi�ation, hawe�er subjec��❑ any limits under app[icable law, Lender's attorneys' fees and Lend�r's legal
<br /> expenses, whether or nvt �here is a [awsuit, including afitorneys' fees and expenses for bankruptcy pro�eedings
<br /> tinciuding e��orfs tv modify❑r�a�ate any automatic stay or injuncti�ny, appeals, and any anticipated post-judgment
<br /> c��lection ser�ices, the cvst of searching recards, obtaining titl� repar�s �inc[uding fareclosure reports�, sur�eyvrs'
<br /> reports, and appraisa[ fees, tifile insurance, and fees for the Trus�ee, ta the extent permitted by applicab[e law.
<br /> Grantor als❑wi�� pay any caurt�osts, in addi�ian to aE!❑ther sums pro�ided by�aw.
<br /> M15CELLANE�US PRDVISt�NS. The f�l[owing misce[[aneous pro�isivns are a part of�his Assignment:
<br /> Amendmen#s. This Assignment, t�g�ther with any Related Dacuments, cvnstitutes the �ntire understand�ng and
<br /> agreement ot the parties as to the matters set for�h in this Assignment. N❑ alteratian ❑f flr amendment to this
<br /> Assignment shall he �ffecti�e unless gi�en in writing and signed by the party o� partEes sough� to be charged or
<br /> bound by the a�fiera�ian or amendment.
<br /> Capt�on Headings. Cap�ivn headings in this Assignmenfi are for con�enience purposes ❑nly and are not to be used
<br /> to interpret❑r define the pro�isions af this Ass�gnmen�.
<br /> �o�erning Law. This Assignment will be �vverned by federa� law app�icabie tv Lender and, ta the extent naf
<br /> preempted by�edera��aw.the iaws a#the Stafie af Nehraska w��hou#regard fo its conf[icts of law provisions. This
<br /> Assignmen#has been accepted by Lender in fhe 5�ate ofi Nebraska.
<br /> Choice of Venue. I� there is a lawsuit, Gran�or agrees upon Lender`s request �❑ submit �o �he jurisdiction of the
<br /> cour�s af Hall Caunty, S�ate af Nebraska.
<br /> Merger, There shall be no merger of the int�rest ❑r estat� created by this assignment with any other interest or
<br /> estate in the Property at any time held hy or f�r the bene��t of Lende� �n any capacity, wifihou�the written consent
<br /> �t Lender.
<br /> �n#erprefiation. �1} [n a[l cases where there is more than one Borrower or Grantor, then all words used in this
<br /> Ass�gnment �n�he singular sha[[ be deemed ta ha�e been used in the plura[ where the c�ntext and construction so
<br /> �equire. �2} [f more than one person signs this Assignm�nt as "Grantor," the❑bliga�ions ❑f each Grantar are join�
<br /> and se�eral. This means that if Lender brings a [awsuit, Lender may su� any one ❑r more of �he Grantors. If
<br /> 6arrawer and Grantor are not the same person, Lender need not sue Bo�rower first, and tha�Borrowe�-need not be
<br /> jained in any [awsuit. {3} The names gi�en t❑ paragraphs or sections in this Assignment are for con�enience
<br /> purposes on[y.They are not t❑ b� used fi❑interpret❑�r define the pro�isions o�fihis Assignment.
<br /> No Wa�ver hy Lender. Lender sha[� nat be deemed tv ha�e wa��ed any righ�s under this Assignment unless such
<br /> v►rai�er is given in writing and signed by Lend�r. No de[ay❑r amissi�n on the part of Lender in exercising any right
<br /> shall ❑perate as a wai�er of such right a�- any other righfi. A wai�er by Lender ❑# a pro�ision o�this Assignment
<br /> shall not prejudice or �vnsti#ute a wai�er of Lender`s r�ght o�herwise t❑ demand strict compliance with that
<br /> pro�isivn vr any❑�her pro�isi�n o�this Assignment. N❑ pr�o�wai��r by Lender, nor any caurse vf dealing between
<br /> Lender and G ranto�, sha�l constitute a wai�er of any of Lender's rights ❑r of any ❑f G rantor's ❑bligations as to any
<br /> -Future transactions. Whene�er �he consent o� Lender is required under th�s Assignment, �he grantFng ❑f such
<br /> consent by Lender in any instance shall not �vnsfiifiu�e continuing cansen� to subsequen� instances where such
<br /> consent is required and in all cases such consent may be granted or withheld in the sale discretivn��Lender.
<br /> No#i�es. Any notice re�{us�ed �o be gi�en under this Assignm�nt shall be gi�en in writing, and shall be effecti�e
<br /> when actual[y deli�ered, when actually recei�ed �y te[efacsimile {unless otherwise �equired by iaw�, wh�n
<br /> depos�ted wEth a na�ianally re�ognized ��ernigh�courier, ❑r, i�mailed, when depasited in the United 5�a�es mail, as
<br /> first class, cer�ified ar registered mail postage prepaid, di�rected to �he addr�sses shawn near#he beginning of this
<br /> Assignment. Any party may change its address for notices under this Assignment by gi�ing farmal wri#ten notice
<br /> t� the vther parties, specifying thafi the purpose nf the natice is tv change the par�y`s address. F�r notice
<br /> purpases, Cran�or agrees to keep L�nd�r in#ormed a� all �imes o# Grantor's curren� add�-ess. Un�ess ❑th�rwise
<br /> prov�ded �r requ€red by [aw, i€ ther� is r`r�ore than one Gran�or, any noti�e gi�en by Lender to any Grantor �s
<br /> deemed�❑ be notice given ta all Grantors.
<br /> Powers of Attorney. The �arious ag�ncies and powers of attorney con�eyed �n Lender under this Assignmenfi are
<br /> gran�ed f�r purpases of security and may not be revvked by G�rantar until such time as the same are renounced by
<br /> Lender.
<br /> Se�erabE�ity. [f a caurt of competent jurisdiction finds any provision of this Assignmen� tv be i[fegal, in�a[id, or
<br /> unenforcea�le as to any circums�ance, that finding sha�� nat make the o��ending pra�ision il[ega�, in�alid, or
<br /> unenforceable as to any other c�rcumstan��. lf feasible, the ❑f��nding pra�is�on shaii be considered modified s❑
<br /> that it becames legal, �alid and enforceable. �f the nffending p�o�isivn �annot be sa m�difi�d, it shall be
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