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2� 1 ����42
<br /> AS��[GNMENT C]F RENTS
<br /> Loan No: 'I�'I�98376 �Cantinued� �'age 4
<br /> L�nder in respons� to Lender's demand s��all sa�#isfy the obligations for which the payments are made, whe�her or
<br /> nvfi any proper grounds for the demand exis�ed. Lender may exerc�se its righ�s under �his subparagraph either En
<br /> persan, by agent, or through a rec�i�er.
<br /> �ther Remedies. Lender shall ha�e all o�her rights and remedies pro�ided in this Assignment ❑r the Note or by
<br /> [aw.
<br /> E[ect'ron❑�F Remedies. Efection by Lender to pursue any remedy shall not exclude pursuit af any other remedy, and
<br /> an elec#ivn to make expend�tures or to take acfivn ta perfarm an ob�igation o�Grantvr under this Assignm�nt, after
<br /> Grant��'s failure to perfvrm, sha�i no�affect Lender's �-ight fio declare a defau�t and exercise its remedies.
<br /> At�orneys' Fees: Expenses. �f Lender institutes any suit or ac�ian t❑ enforce any af the terms of this Assignment,
<br /> Lender shaE! be entitled ta reco�er such sum as the �vur� may adjudge reasonab[e as attorneys' fees a�t �ria[ and
<br /> upon any appeal. Whether ❑r nof any court actian is in��l�ed, and to �he extent nat prvhibited by law, al[
<br /> reasanable expenses Lender incurs that in Lender's opinivn are necessary at any time for the pro�ection of its
<br /> infierest ar the enforcement of i�s rights sha[[ becvm� a part❑f the Indebfiedness payable ❑n demand and shall bear
<br /> int�rest at the Nvte rate�rom�he date ot 1:he expenditure un�il r�paid. Expens�s co�ered by this paragraph include,
<br /> withau# [imitation, howe�er subject tv an� �im�ts under appficable �awf Lender's attvrneys' fees and Lender's I�ga(
<br /> expenses, whether ❑r not there is a law�uit, in�[uding attorneys' fees and expenses tar bankruptcy proceedings
<br /> �incfuding efforts tv modify vr�acate any automatic stay or injunctivn}� appeals, and any anticipated post-judgmen�
<br /> co��ecti�n ser�ices, the cas� of sear�hing records, �btaining fiitle repor�s �inc[uding �areclosure reports�, sur�eyors`
<br /> repa�ts, and appraisal fees, tit[� insurance, and fees for fihe Trus�ee, fio the extent permitfed by appi;cable [aw.
<br /> Grantor alsa wil[ pay any court c�sts, in a�dition�o a��❑�her sums pro�ided by faw.
<br /> MlSCELLANE�US PR�VISI�NS. The followinc� miscel�aneous pro�isions are a part of this Assignment:
<br /> Amendmen#s. This Assignment, �ogethei• wi�h any Refated Dacuments, cvnstitutes the entire unders�anding and
<br /> agreement ❑f the parties as to the matters set far�h in th�s Assignment. No alfierafiivn vt or amendment �o this
<br /> Assignment shall be effecti�e unf�ss gi�en in writing and signed by the party or parties soughfi to be charged ❑r
<br /> bound by the a�tera�ivn❑r amendment.
<br /> Capt�on Head�ngs. Caption headings in this Assignmen�are far cvn�en�ence purposes anEy and are nvt�a be us�d
<br /> �o interpret�r define the prv�isivns o�this Assignment.
<br /> Governing Law. This Assignment wil� he go�erned by federal iaw applicable #o Lender and, fo the extent na�
<br /> p�eempted by federai law,#he iaws af the State of Nehraska withau�regard tv its canflic�ts of Iaw provisions. This
<br /> Assignment has been accep�ed by Lender in the State of Nebraska.
<br /> Choi�� vf Venue. �f there is a lawsu��, Gran�or agrees upan Lender's request fio submi� t❑ the �ur�sdictian af the
<br /> courts o�Hal� County, Statg of Nebraska.
<br /> Jain# and Se�eral Liabili�y. All ❑b�iga�ions ❑f Grantar under this Assignment shall be jaint and se�eraf, and a�l
<br /> references tv Granfor shall mean each and e�ery Grantar. This means that each G�anfior sign�ng belo►nr is
<br /> respons�ble far a[l ohliga�ivns in this Aasignment. Where any ane or more ❑�F fihe partt�s is a corparativn,
<br /> partne�ship, limited liability �ompany or s�milar entifiy, it is n�t necessary for L�nder ta inquire �nt� the powers ❑f
<br /> any v�#he ❑�fic�rs, di�ectors� par#ners, members, or❑ther agents a�ting or purpvrting to act vn the entity's behal�,
<br /> and any ahi�gations made ❑r c�-eated in re�iance upon the pro�essed exercise of such powers shall be guaranteed
<br /> under this Assignment.
<br /> Merger. There sha[[ be na merger ❑f the interest ar esta#e created by #his assignment with any other interest or
<br /> esfia�e in the Property at any tim� held by ar far the benefit of Lender in any capacity, with�ut the writt�n consent
<br /> ❑f Lender.
<br /> Interpre#ation. ��y ln as! cases where there is more than ❑ne Borrower or Grantor, then aI� words used in this
<br /> Assignment in the singular shalf b� deemed to ha�e been used in the plural where the con�ex� and cons�ruc�ion so
<br /> require. t2� lf more than one persvn sigr�s#his Assignment as "Grantor," the vb[igafiions ot each Grantor are joint
<br /> and se�eral. This means fihat i� Lender brings a Iawsuit, Lender may sue any one �r more of the Grantors. [f
<br /> Borrow�r and G rantor are nat�he same persan, Lender need not sue Borrower first, and�ha� Borrower need nat he
<br /> �oined in any lawsuit. {3� The names �i�en �❑ paragraphs or sections in this Assignment are for �onvenience
<br /> purposes only. Th�y are not ta be used to interpret o�define the pro�isivns❑f this Assignment.
<br /> No Wai�er hy Lender. Lender shall nofi be deemed to ha�e wai��d any rights unde�this Assignment un[ess such
<br /> wai�er is gi�en in writing and signed by L�ender. No de[ay or❑mission ❑n fhe par�of Lender in exercising any right
<br /> sha�l ❑pera�e as a wai��r of such right ❑l� any other right. A wai�er by Lender of a pro�isian a�th�s Assignmen�
<br /> shall nvt pre�udice ❑r constEtute a wai�er of Lender's rEght otherwise to demand strict compliance with that
<br /> prv�ision or any vther pra�ision ❑f this Assignmenfi. No prior waiver by Lender, nor any course ❑f dealing between
<br /> Lender and Gran�or, shall cvnst�tute a wai�er of any of Lende�'s r�ghts or o�any vf Grantor's ❑bligati�ns as �❑ any
<br /> future transactions. Whene��r the consent of Lender �s required under this Assignment, the granting of such
<br /> cansen� by Lender in any ins�ance shal� nat cons�i�ute cvntinuing consent �to subsequent instances where such
<br /> �onsen�is required and in afi cases such consent may be granted or withheld in�he sofe discretion of Lender.
<br /> Notices. Any nvtice required tv be gi�en under this Assignment sha�� be gi�en in v►rriting, and shall be eff�ct;�e
<br /> when a��ually d�[i�e�red, when a��ually recei�ed by te[efacs€miie �unless a�herwise required by law�, when
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