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2� 1 ��38 ASS�I�NMENT �F RENTS L�an No: '[D�29��8 �C��t�n ued� Page 4 abo�e Lender's costs, against �he lndebtedness. ln turtherance o� this right, Lender shall ha�e all the righ�s pra�ided fvr in �he Lender's Right to Re�;ei�e and Ca[fect Rents Sectian, abo�e. l� the Rents a�-e col�ected by Lender, then Grantvr Erre�o�ab[y d�signates Lender as Grantor's at�orney-in-fact to endorse ins�ruments recei�ed in paymenfi thereo�in�he name of Grantar ar�d�a negotiate the same and cvllecfi the pr�c�eds. Paymenfis �y t�nants or other users �o Lender in �-esponse �o L�:nder's demand shall satisfy the obligations fvr which the payments are made, whether or n�t any proper grauncls for the demand existed. Lender may exe��ise its rights under this subparagraph either in persvn, by ag�nt, or�hrough a recei�er. Other Remedies. Lender shall ha�e a�l ❑ther rights and remedies pra�ided in this Assignment or fihe Nvte vr by law. Eiection vf Remedies. Electian by Lender 1:o pursue any remedy shall nvt exclude pursuit of any other remedy, and an�iectivn to make expenditur�s ar ta tal�n action ta perform an ab[iga�ian of Gran�ar under this Assignment, after Grantor's fai�ure to perform, sha[[ not a#fe�t Lender's right to declare a defau[t and exercise its remed�es. Attorneys' Fees; Expenses. lf Lender ins�Etutes any suit ar action to �n�rarce any of the �erms of this AssEgnment, Lender shall be entitled to reco�er such s�um as fhe court may adjudge �-easanable as at�orneys' fees at trial and upon any app�a[. Whether or not any {�ourt action is in�ol�ed, and ta the extenfi not prohib�ted by iaw, all reasonab[e expenses Lender incurs that i�� Lender's opinivn are necessary a� any time for the pratection af its interes�t ar�he enfivrcement af its rights sha�� be�vme a part vf the Indebtedness payab�e on demand and shall bear interest at the Note ra#e fram�he date of tG�e expenditu�-�until repaid. Expenses co�ered by this paragraph include, without [imitativn, hawe�er subject t❑ any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not th�re is a lawsuit, inc�uding attorneys' �ees and expenses for bankruptcy proceedings (including efforts ta modi#y or�acate any �utomatic sfiay or injunctiony, appealsf and any ant�cipafied post�judgment colle�tivn s�r�ices, the cast of searching r•ecords, ❑btaining �i�l� reports {�ncluding forecfasure repor�ts}, sur�eyars' reports, and appra€sal �e�s, tit[e insurance, and #ees ��r the Trustee, to the extent permitted by applicabfe law. Gran�or a[s�will pay any caur#costs, in addition tfl all ❑ther sums provided by law. MISCELLANEDUS PR�VlSI�NS. The f�ilowing misce��aneous pr��isions are a part vf this Assignmen�: Amendments. ThEs Assignment, tagether with any Re[ated Documents, constitutes the en�ire understanding and agreement o� the parties as t❑ fihe matter�s set fvrth in this Assignm�nt. Na alteratian of or amendmen� t� thEs Assignment sha[[ be ef�ecti�e unless gi�en in writing and signed by the party �r parti�s sough� to be charged or bound by�he al�era#ion a�am�ndment. Caption Headings. Capti�n h�adings in this Assignment are �or con�enience purposes on�y and are nat t� be used to interpr�t❑r define the provisions of�his Assignment. Go�erning Law. This Assignmsn� wiil b�: go�erned by federal law applicable to Lender and, to #he exten# nvt preemp�ed by�edera�iaw,�he laws of the 5ta'�s ofi Nehraska withvufi regard to its con#lic�s af[aw prv�isions. This Assignmen#has been accepted by Lender in the Stafie o�Nebraska. Chvice of Venue. lf there is a iawsuit, Grantor agrees upon Lender's request ta submit t� the �urisdi�tivn ❑f the Courts of Hall County, 5ta�e of Nebraska. Jaint and 5everaI Liability. All ❑bliga�ior�s a# Borraw�r and Grant�r under this Assignment shall !�e �oint and se��rai, and ail �-eferences fi❑ Grantor shall mean each and every Grantor, and aEl re�erences fi❑ Bvrrower shall mean each and e�ery Borrower. This msans tF�at each Grantar signing below is responsible for all obligations in this Assignment. Merger. There shall be no merger o�the interest ❑r esta#e created by this assignm�nt with any a�her �nterest ❑r estate in the Property at any time he[d by ar for the benefit of Lender in any capacity, withaut#he written cvnsent o�Lende�. Interpretafiivn. �'1� ln af l cases where �riere is more than ❑ne Borrower or G rantor, then ai� words used in this Assignment in the singular shal[ be deeme�d fio have been used in the plural where the context and constru�tEon so require. �2y I�more than ❑ne persan signs this Assignment as "Gran�or," the�bligations ❑�each Grantor are jvint and se�eral. This means that if Lender hrings a [awsuit, Lender may sue any one vr more of �he Grantvrs. lf Borrower and Granto�are not the same person, Lender need not sue Borrower first, and that Borrower need not be joined in any [awsuifi. �3� The names c�i�en ta paragraphs ❑r se�tions in this Assignment are far can�enience purpases only.They are not to be used ta in�erpret or define the pro�isions of th�s Assignment. No Vtilai�er hy Lender. Lender shal[ not be deemed to ha�e waived any righ�s under this Assignmen� un�ess such wai�er is given in writing and signed by L�nder. No delay vr❑missivn on the part of Lender in exercising any right shall operate as a waE�er o� such right ar any o#h�r r�ght. A wai�er by Lender ofi a pravision n� this Assignment shall nvt prejudice ❑r consti�u�e a wai��r ❑f Lend�r's right ath�rwise t� demand strict comp[iance with that pra�ision❑r any❑ther pra�isivn ❑�this As�ignment. No prior v►rai�er by L�nderr nor any cvurse of dealing be�ween Lender and Grantar, sha[[ constitute a waiver vf any fl# Lender's rights vr❑t any at G�anfior's ab[igatians as to any future �ransactivns. Whenever the consent of Lender is requEred under �his Assignmen�, the granting of such �onsent by L�nder in any instance shall l�ot canstitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the svle discretion❑f Lender. Noti�es. Any nv�ice required to be gi�en under �h�s Assignm�nt shall be gi�en in writing, and shall be ef�e�ti�e