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2� 1 ��38 AS��I�NMENT �F RENTS Lvan No: 'I�'I 298568 {G�rltir7u�d� Page � withaut limitation any failure �f Lender ta realiz� upon the Praper�y, or any delay by Lender in rea[izing upan �he Property. Borrvwer agrees tv �emain [iabEe und�r the Nate with Lender no matter whafi action Lender takes or fails to take under this Assignment. PAYMENT AND PERFORNiANCE. Except as o�her►nrise pr��ided in this Assignment or any Related D�cuments, Grant�r shall pay to Lender all amoun�s secured hy •th�s Assignment as they be�ome due, and sha�i strict[y perfarm all af Grantar`s vbligations unde�this Assignmen�. LJnfess and unti[ Lender exercises its righfi�v collec�th� Rents as pro�id�d below and so �ang as there is n❑ default under this Assignment, Grantor may �emain in possessian and control of and operat� and manage the P�oper�y and ca!lect t�ie Rents, pro�ided �hat the granting af the right fa co[[ect the Ren�s shall nvt c�nst�tute Lend�r's consent to the use of cash collat�ral in a bankrupt�y praceeding. GRANT�R'S REPRESENTATi�NS AND WARR��NT[ES. Grantor warran�s that: Qwnership. Grantor is entifiled to recei�e �he Rents fre� and clear o� all rights, �oans, liens, encumbrances, and claims ex�ept as disclosed to and accepfied by Lender in writing. Right tv Assign. Grantor has the �uli right, pawer and autharity to �n#er into this Assignment and t❑ assign and con�ey the Rents fio Lender. No Prior Assignment. Grantor has nvt pre�iously assigned or �anveyed the Rents to any ❑ther persan by any ins�rument now in force. Nv Further Transfgr. Grantar will nvt sell, assign, encumber, �r otherwise dispose of any af Gran�or's rights in fhe Ren�s except as prv�ided in this Assignm�nt. LENDER'S RIGHT TD RECE�VE AND C�LLEC1' RENTS. Lender sha[l ha�e the righ� at any �ime, and even thvugh no de�au[t shafi ha�e accurred under this Assignmen�, �o co[[ect and recei�e�he Rents. Far thEs purpose, Lend�r is hereby given and gran�ed�he fo�lvwing rights, powers and aufhvrity: Notice to Tenan#s. Lender may send i�otices to any and a[[ tenants af the Praperty ad�ising them ❑f this Assignment and directing all Rents to be p�aid directly to Lender vr Lender's agen�. En#er the Property. Lende�may enter up�n and take possessivn ��the Prvp�rty; demand, c�Elect and recei�e from the tenants or from any ❑#her persons fia�le there�or, af[ ❑#the Rents; insfiitute and carry on a�l Iega� prviceedings necessary for #he �arotec�ian of the Pr+�perty, including such p�oceedings as may be necessary to reca�er possession of the Praper�y; coi�e�fi the Rerits and remo�e any ten�nt or ten�nts�r other persons from the Property. IVla�ntain the Property. Lender may enter upan the Property t� maintain the Property and keep the same �n repair; to pay�he casts the�eof and af all ser�ic�s ❑f all �mployees, including th�ir e�{uipment, and af al[ continuing costs and expenses ot main�aining the Prope�ty in praper repair and condi�ion, and also fio pay aI[taxes, assessments and water utilities, and the prem�ums an�ire and other Ensurance effiec�ed by Lend�r an the Property. Compl�ance wi#h Laws. Lender may do �ny and all �hings ta execute and campiy with the laws of �he Sta�e of Nebraska and also a[l othe� laws, rules, �o�ders, a�ciinances and requirements o� all other ga�ernmenta� agencies affecting the Prvper#y. Lease the Property. Lender may rent or lease the whole or any part o�f�he Property for such te�m or fierms and on such conditions as Lender may deem apprapriate. Emp�ay Agents. Lender may engage suc:h agent or agents as Lender may deem appropriate, either in Lender`s name or in Grantor's name,t� rent and m�nage the Praperty, incEuding�he collectian and application vf Rents. ❑ther Acts. Lender may do a[I such vtl�er things and acts with respect to the Property as Lender may de�m appropriate and may act exclusi�ely and �v[e[y in �he place and s#ead of Grantor and fi❑ ha�e a[� o�the powers ❑� Grantar for the purposes stated above. No Requirement#o Ac#. L�nder shalf nat be r�quired �o do any of the �a�egvir�g acts or things, and the fact that Lender sha[[ ha�e per�ormed one ar more of the foregoing ac#s or things shall nat requir� Lender ta d❑ any ofiher specific act❑r thing. APPLICATI�N �F RENTS. All c�sts and expenses incurred by Lender in connectivn with �he Praperty shal[ be �or Grantvr`s ac�oun� and Lender may pay such R;osfis and expenses fram the Rents. Lender, in its sole discretivn, shall determin� the application of any and a{I Ren�s received by it; h�w��er, any such Rents receiv�d by Lender which are nvt applied to such G�5�5 and expenses shaEi be appfied to the [ndebtedness. AI[ expenditures made by Lender und�r fihis Assignment and not reimbu�-sed from the Rents sha[[ become a part of the Indebtedness secured �y this Assignment, and shall be payable on demand, �rvith in�erest at the Note rate�rom date❑f expenditure until paid. FULL PERF�RIIl1ANCE. [f Grantor pays a�i of the Indebtedness when due and ❑th�rwise performs al� the o�ligafiions imposed upon Gran�or unde�fihis Assignment,�the Nvte, and the Re[ated ❑�cumen�s, Lender shall ex�cute and deli�er to Grantor a sui�able satisfa�tian of this Assignment and suitable statements of termination ❑f any financing stat�ment❑n file e�idencing Lender's security interest in fih� Rents and the Praperty. Any termination fee required by [aw shal[ be paid [�y Grantor, if permitted by appficable [aw. LENDER'S EXRENDITURES. lf any acfiion or prvc�ed�ng is commenced fiha�would materially affect Lender`s interes� in the Prflperty�r��F Grantar�ai�s tv comply wi#h any pro�ision of this Assignmen�or any Rela�ed Documen�s, inc[uding but not iimified ta Grant�r's failure to discharge or pay when due any amounts Grantor is required to d�scharge or pay under