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2� 1 ��42 ASLfI�NIV�ENT �F RENTS Loan No: "I�'i�9837� ��antEnued� �age � PAYIVIENT AND PERF�RMANCE. Excep� as ��h�rwise pro�ided in this Assignment or any R�lated Dacuments, Gran�ar sha�l pay ta Lender aEi amounts secured by -�his Assignment as they became due, and shall strictly perform a�i of Grantvr's o�ligat�ons under�his Assignment. L1nless and un�il Lender exercises its right ta col[�ct the Rents as pro�ided belaw and so lang as there is na default unde�this Assignment, Grantar may remain in possessian and controE of and ope�-ate and manage the Property and coilect the Rents, pro�ided that the granting ❑f the right fa col�ect the Rents shalj not cansti�ute Lender's consent to the use of cash collateral in a bankruptcy proceeding. GRANT�R'S REPRESENTATi�NS AND V1lARRANT�ES. Grantor warran�s that: Dwnership. Grant�r is entitied ta re�ei�� the Ren�s free and clear of all r�gh�s, loans, liens, encumk�rances, and claims excep�as d�sclosed to and accept��d by Lender in writing. Right to Assign. Grantvr has fihe �ufl rig��t, pawer and authori�y to �nte�- int❑ this Assignmenfi and t❑ assign and con�ey the Rents ta Lender. No Prior Assignment. Grantar has not pre�iously assigned or �on�eyed �he Rents ta any ather persan by any instrument naw in force. No Further Transfer. Gran�or will not sell, assign, encumber, or❑therwise dispose of any o�Grantor's rights in the Rents except as pra�ided in fhis Ass�gnment. LEN�ER'S RIGHT T� RECEIVE AND C�LLECT' RENTS. Lender shall ha�e the right at any time, and e��n though na defau[t shall have ❑ccurred under this Assignment, to collect and recei�e the Rents. For this purpose, Lender is hereby gi�en and granted the f�[[awing rights, powers and authori�y: Notic� to Tenan#s. Lender may send rzoti�es ta any and all tenants ❑f the Property ad�ising them ❑f this Ass3gnmen�and dir�cting al[ Rents tv be paid directly ta Lender or Lender`s agent. En#er the Property. Lender may enter upon and fiake possession vf the Property; demand, collec�and rec�i�e�from �he tenants or from any vther persons [iak��e therefvr, all o�#he Rents; institute and carry on all legal proceedings necessary for the pro�ection of �fihe Pr�perty, incEuding such proceedings as may be necessary ta reco�er possession vf the Property; collect the Rents and remove any tenant�r tenants or other p�rsons fram�he Property. Maintain#he Prvperty. Lender may enter up�n the Property�❑ maintain the Property and keep fihe same in repair; �v pay the costs fihereof and �� al[ ser�ices ❑f ai� �mplvyees, including their equipment, and vf afI �antinuing costs and expenses of maintain�ng the Properfiy in proper repair and condi�ian, and als❑to pay a�i taxes, ass�ssments and water ut�I�ties, and the premiums on fire and ❑ther insurance et��c�ted by Lender on the Praper�y. Compiiance with Laws. Lender may do �ny and all things to execute and camply with the laws vf the State of N�braska and also aIE other laws, ru[es, �rders, ordinances and requiremen�s o# all a�her ga�ernmental agencies affect�ng the Property. Lease�he Property. Lender may ren�or leas�the w�o�e or any part o�the Property for such term or terms and on suGh conditions as Lender may deem apprvpriate. Employ Agents. Lend�r may engage such agent vr agen�s as Lender may deem appropriate, ei�her in Lender's name or in Grantor's name,t� rent and manage fhe Prvperty, inc[uding the coliection and app[ication o#Rents. �ther Acts. Lender may da al[ such otE�er things and acts wi#h respect t❑ the Property as Lender may deem apprapriate and may act exclusi�eEy and sole[y in the p�ace and stead ❑f Grantor and �❑ ha�e aii of the powers ❑f Gran�or for the purposes stated abave. No Requirement#a A�t. Lender shal[ not be required to d❑ any of the fioregoing ac�s or things, and the �act that Lender sha[[ ha�e per�ormed one �r more ❑f�he �orega�ng acts ar �hings shal[ no� require Lender tv da any other spe�ific act or thing. APPLECATI�N nF RENTS. All cvsts and expenses incurred by Lender in cvnnect�on with �he Pr�perty sha[[ be �flr Grantor's accoun� and Lender may pay such �osts and exp�nses from the Ren�s. Lender, in its svle discretion, shall de�ermine the application af any and a[� Rents r�c�i�ed by it; howe�er� any su�h Rents recei�ed by Lender which are not applied fo such costs and expenses shall be app[ied �o the lndehtedness. All expenditures made by Lender unde� this Assignment and nvfi reimbursed from �h� Rents shall becvme a part o� the Indeb�edness s�cured by this Assignment, and shall be payable on demand, with int�rest at�he Note rate from date o#expenditure unti[ pa�d. FULL PERFaRNiANCE. [f Gran�vr pays a[[ af the lndebtedness when due and otherwise per�o�ms all the v�liga�ians impased upan Grantor under�his Assignmen�,��he Note, and the Rela�ed �ocuments, Lender shall execute and deli�er to Grantor a suitable satis�action ❑f this Assignm�en�and suifiable sta�emen�s of terminati�n �� any financ€n� stat�m�nt on �ife e�idencing Lender's security inter�st in th� Rents and �he P�operty. Any termination f�e required by [aw shall be paid by Grantor, if permitted by applicable law. LENDER'S EXPEND�TURES. lf any action ❑r proceeding is c�mmenced that wauld materially affect Lender's interest in the P�operty o�if Grantor�aiis to �omply with any pr��isi�n o��his Assignment❑r any Rela�ed Documents, including but nvt limi�ed to Grant�r's faE�u�-e ta discharge or pay when due any amoun�s Gran�ar is required t❑ dis�ha�-ge or pay under this Assignment vr any Reiated Documents, Lender on Grantor's beha[f may {�u# sha[� not be abligated ta} �ake any actian that Lender deems appropriate, �nclucling but not limited to discharging ❑r paying all taxes, [iens. security interes�s, encumbrances and �ther claims, at any time le�ied❑r p�aced on the Rents or the Praper�y and paying all costs