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2� 1 ��5488
<br /> ASS�GNMENT �F RENTS
<br /> �Continued} Page 4
<br /> Elec�ivn of Remedies. Elecfion by Lender�o pursue any remedy shall not exclude pursui�of any other remedy, and
<br /> an elec#ian fo mak�expenditures ar to take action to pe�form an ob�igation of Gran��r under this Assignmen�, af�er
<br /> Grantor's failure t�perform, shall no�affect Lender's t-[ght to declare a default and exer�ise its remedies.
<br /> A#torneys' Fees; Expenses. If Lender institu�es any suit or action to enfarce any of th� terms of�h�s Assignment,
<br /> Lende�shafl b� entitled �o re�o�er such sum as �he caur� may adjudge reasanable as attorneys' �ees a� tria� and
<br /> upon any app�al. Wllhether ar nat any court action is in�ol�ed, and to �he ex�ent not prohibited by law, all
<br /> reasanab�e expenses Lender incurs that in Lender's opinion are necessary at any time for the protec�ion of its
<br /> interest or the enforcemen#of its righ�s shal� �ecome a par�❑f the [ndeb#edness payable on demand and shail bear
<br /> interest at the Note ra�e from the da�e of the expenditure untii repaid. Expenses c�vered by�his paragraph include,
<br /> without limitat�on, howe�er sub�ec�t❑ any I�mEts under applicable �aw, Lend�r's attorneys' f�es and Lender's iega!
<br /> expenses, whe#her ar not there is a lawsuit, inc�uding at�orneys' fees and expenses for bankruptcy praceedings
<br /> �including effor�s to modify or vacate any autamatic s�ay or injunc�ion}, appeals, and any anti�ipa�ed pos�judgment
<br /> collection services, the cost of search�ng records, abtain�ng title reports tincluding �orec�osure reports}, sur�eyors'
<br /> �-eports, and appraisal fees, title insurance, and fees f�r the Trustee, �a �he exten� permi�ted by applicable law.
<br /> Grantor also will pay any cvu�t costs, in addition fo al�ather sums prov�ded by law.
<br /> MISCELLANEDUS PRDVlSIC]N5. The fol�owing mis�ellaneous pro��sions are a part o��his Assignment:
<br /> Amendmen�s. This Assignment, together with any Related Documents, constitutes �he entire understanding and
<br /> agreement a�the part[es as �o the matters se� �orth in this Assignment. No alteration nf or amendment to this
<br /> Assignment shal� be effecti�e unless given in writing and signed by the party or par�ies sought to be charged or
<br /> bound by the alteration o�amendmen�.
<br /> Caption Headings. Cap��an headings in this Assignment a�-e for con�enience purposes❑n�y and are not�o be used
<br /> �o interpret,or def�ne the pro�is�ans of�h�s Assignmen�.
<br /> GQ�erning Law. Th`rs Assignmen� w�ll be go�erned by federa� �aw applicable t� Lender and, �o the ex�ent not
<br /> preempted by€�de�-al [aw, the laws�f the S#a#e of Nebraska without regard fa its conflicts�f law pro��sians. This
<br /> Assignment has been accepfed by Lender in the State of N�braska.
<br /> Choice of Venue. If there is a lawsuit, �rantor agrees upon Lender's request�o submi� to the jurisdic�ian af the
<br /> cou r�s of Doug las Cou nty, 5tate of Nebraska.
<br /> Merger. There shall be no merger af the in�eres� o�- es�ate �reated by this assignment wi�h any other interest or
<br /> estate in the Property a�any time held by or for the benefit af Lender�n any capa��ty, withou�the wri�ten consent
<br /> of Lender,
<br /> In�erpre�ation. �'1} ln all cases where there is mare than one Bor�-ower or Grantor, then all words used in this
<br /> Ass�gnmen�in �he singular shal� be deemed to ha�e been used in the plural where the context and �ons�ruc�ion so
<br /> require. ��} lf more�han one person s�gns�his Assignment as"Gran�or,"�he obligat�ans of each Grantor are�oint
<br /> and se�eral. This rr�eans �ha� if Lender brings a (awsuit, Lender may sue any ❑ne or more of�he Grantors, I�
<br /> Borrow�r and Grantor are not�he same person, Lender need nat sue Borrower first, and that �orrawer need not be
<br /> joined in any (awsu[t. �3} The names gi�en to paragraphs vr sectians in �his Ass�gnment are for con�enience
<br /> purposes only. They are nat�❑be used to interpret or def�ne�he pro�isions of this Assignment.
<br /> No Wa��er hy Lender. Lender shail not be deemed to have wai�ed any rights under�hfs Assignment unless su�h
<br /> waiver is given in wri�ing and signed by Lender. No delay or omissi�n on the part of Lender in exercising any righ�
<br /> shafl operate as a wai�er of such right or any o�her right. A wai�er by Lender o�a provision of this Assignmsnt
<br /> shall not prejud�ce or consti�ute a wai�e� of Lender's right otherwise to demand strict compliance wifh tha�
<br /> pr��isi�n or any vther provisian of�his Ass�gnment. Na prior wai�er by Lender, nor any course❑f dealing between
<br /> Lender and Grantar, shal[ constitu�e a wa��er of any of Lender's rights or o�any vf Grantor's abligations as ta any
<br /> fu�ure �ransactions. Whene�er the cansent of Lender is required under �his Assignment, the granting of such
<br /> consent by Lender in any instance sha�l nat consti�u�e continuing consent to subsequent instances where such
<br /> consent is required and in a!I cases such consen�may be granted or withheld in the so�e discre�ion of Lender.
<br /> Natices. Any not�ce required to be given under this Assignment shall be gi�en in w�-iting, and shal[ be effecti�e
<br /> when a�tually delivered, when ac�ually re�eived by t�lefacsim��e �unless otherwise �-equ�red by law}, when
<br /> deposi�ed wi�h a nat[vnally recognized v�ernight caurier, or, if ma�ied, when deposited in the United 5�ates mai�, as
<br /> f[rs� c�ass, ce�[fied or regis#ered mail pos�age prepaid, directed�o the addresses shawn near�he beginning a�this
<br /> Assignmen�. Any party may�hange its address for no�ices under this Assignment by gi�ing �ormal wri�ten natice
<br /> fo �he other part�es, specifying that the purpose ❑f �he nv�ice is t❑ change the pa�ty's address. For notice
<br /> purposes, �rantor agrees to keep Lender infarmed at a11 #imes af �rantar's current addre�s. Llnless o�herwise
<br /> pro�ided or required by law, if there is more than one Grantor, any nati�e gi�en by Lender to any Grantor is
<br /> deemed�o be natice gi�en�o al( Gran#ors.
<br /> Pawers of Attvrney. The�arious agen�ies and powers❑f attorney�on�eyed on Lender under this Assignment are
<br /> granted for purposes of security and may not be re�oked by Grantor unti( such�ime as the same are renounced by
<br /> Lender.
<br /> Se�erability. If a cou�t of campeten�jur�sdic�ion finds any pr��ision of this Assignment �o be illegal, in�alid, or-
<br /> unenfar�eable as ta any circumstance, �ha� f�nding shall not make the offending pro�ision illega�, in�al�d, or
<br /> unenforceable as to any other �ircums�ance. If feasib�e, the offend�ng provision shall be considered modi�ied so
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