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' ' 2� 1 �� 174 ASSIGNMENT �F RENTS Loan Na: 'I�'i 298925 ��ontinued� Page 2 deficiency ta the exfien� Lender is vtherwise entitled to a claim for defi�iency, before ar a�ter Lender's c�mmencement or�ompletion ot any farec[osure ac#ion, either judicial€y ar by exercise ot a power of sale. g�RR�WER'S WA�VERS AND RESPUN51gIL�TIES. Lender need nat tell Borrawer ahaut any a�tion or inaction Lender takes in connection with this Assignment. Bvrrawer assumes the responsibility #or being and keeping informed abou� th� Property. Borrower wai�es any de#enses that may arise because af any actian ❑r ina�tion ❑� Lender, including without limi#ativn any �ailure ❑� Lender to rea�ize upon the Property, vr any de[ay by Ler�der in realizing upon the Praperty. Borrawer agrees to rema�n liab[e under the Note with Lender n❑ matter what actiun Lender takes or fails �o take under this Assignment. PAYMENT AND PERFDRMANCE. Excep� as otherwise pro��ded in this Assignment or any Re[ated Dvcuments, Grantar sha�l pay tv Lender all amounts secured by �his Assignmen� as they become due, and sriall stric�ly perform all of Grantor's obi�gatians under this Asssgnmenfi. Unless and unt�l Lender exe�c�ses its righ�to co[[ect the Rents as pro�ided b�iow and s❑ long as there is no de�Fault under th�s Assignment, Grantor may remain in poss�ssion and con�rol o� and operafie and manage�he Prop�rty and �ollect the Rents, pro�ided that the granfiing ❑f the righ��o colle�t the Rents shal[ not cons�itu�e Lender's consenf f❑�he use of cash co[fatera! in a bankruptcy proceeding. GRANT�R'S REPRESENTATI�NS AND 11VARRANTIES. �rantvr warrants that: �wnership. Grantor is entitled to recei�e the Rents free and clear o# all rights, loans, liens, �ncumbrances, and c�aims except as disclased to and ac�epted by Lender in writing. Righ#�#v Assign. Grantor has �he full �ight, power and authority ta enter into this Assignment and �o assign and �on�ey�he Rents tv Lender. No Prior Assignment. Grantor has not pr��iously ass�gned or con�eyed the Rents ta any ❑ther person by any instrument now in farce. No Further Trans�er. Grantar will not se[[, assign, en�umber, ar o�herwise dispose ❑f any of Grantor's rights in th� Rents except as pro�ided in this Assignment. LENOER`S RIGHT T� RECEIVE AND C�LLECT RENTS, Lender shall ha�e the �ighfi a� any time, and e�en though n❑ de�aul�shall ha�e occurred under this Assignment, tio collect and rece��e the Rents. For this purpose, Lender is hereby gE�en and granted the fvllowEng rights, powers and autharity: No#ice #o Tenants. Lender may send notices tv any and all tenants of th� Property advising them of this Assignment and directing all Rents ta be paid dir�cfily to Lender❑r Lender's a�ent. Enter the Praperty. Lender may enter upan and take possession �f the Property; demancl, co[[ect and rece��e fram the tenanfis ❑r from any vther persons liab[e therefor, all a��h� Rents; institute and carry ❑n a[[ legal proceedings necessary for the protecfiian of the Praperty, including su�h pr�ceedings as may �e necessary to re�o�er possession af the Prvperfiy; c�I[ect the Rents and remo�e any tenant�r tenanfis or ather persons from the Property. Maintain#he Proper#y. Lender may enter upon the Property t� maintain the Prvperty and keep �he same in repair; to pay the casts thereo# and of al� ser�ices a�all employees, inc[uding their equipment, and of all cvnfiinuing costs and exp�nses ❑f maintaining the Prvper�y in proper repair and condition, and als❑to pay�il taxes, assessments and water utilities, and the premiums on fire and�ther insurance ef�ected �y Lender❑n the Properfiy. CompI�ance wi�h Laws. Lender may da any and a[I �hings fa execute and comply with the laws of the State af Nebraska and a1s❑ a!I ofiher Eaws, rules, ❑rders, ordinances and requirements ❑f all ather go�ernmental agencies aff�c�fing the Property. � Lease the Praper#y. Lender may ren�or [�ase �he whole o�-any par�of the Property for such term ❑r terms and on such conditians as L�nder may deem appropria�e. EmpIvy Agents. Lender may engage such agent or agents as Lender may deem apprapriate, either in Lend�r's name�r in Gran�or's name, to rent and manage�he Property, in�[uding the colle�tivn and application o#Rents. Dther Acts. Lender may do all such other things and acts with r�spec� t� the Prop�:rty as Lender may deem appropriate and may act exclusi�ely and salely in the piace and stead ❑f Granto� and to ha�e al[ of the pawers ❑f Grantor f�r the purpos�s s�ated abo�e. No Requirement tv Act. Lender shall not be required fia do any ❑f the f�regoing acts ❑1• things, and the fact�hat Lender shali have perfvrmed on� vr more af the foregoing acts or things shal[ nat require Lender to d❑ any vther sp�cific act o�thing. APPLICATI�N DF RENTS. A[[ costs and expenses incurred by L�nder in connection with the Property shall be for Gran�or's accvunt and Lender may pay such cvs�s and expenses �rom the Rents. Lender, �n its sole discretion, shall de�ermine �he app[i�ation of any and a�l Rents rec�i�ed by it; howe�er, any such Rents r�ce��ed by Lender which are nofi applied to such costs and expenses sha�i be applied to �he Indebtedness. A[I expenditures made by Lender under th�s Assignment and not reimbursed from the Rents shall become a part of the �nde�tedness secured by �his Assignment, and shall be payable on demand, with interest at�he Nate rate from date of expe�nditure until paid. FULL PERF�RMANCE. lf Grantvr pays alf of the �ndeb�edness when due and otherwise performs ail the oh�igafiions Empased upon Gran�or under this Assignmenfi, the N�te, and fihe Rela�ed Documents, Lender shai!execu�e and de�i�er�a Grantar a suitahle satisfactivn �f this Assignment and suEtab�e statemen�s ❑#terminati�n o� any�inancing statem�nt❑n