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� 2� 1 ��� 174
<br /> ASS�GNMENT �F RENTS
<br /> Laan Nv: ��'1�9��25 ��ontir7ued} Page 4
<br /> by Iaw:
<br /> Acceiera�e Indebtedness. Lender shai� ha�e the right at its aption t❑ declare �he entire [ndeb�edness immediately
<br /> due and payable, inc�uding any prepayment penalty that Borrawer wou�d be required t� pa�.
<br /> CvIlect Rents. Lender sha�l ha�e the righ�, without notice to gorrower vr Grantor, �❑ take possession af the
<br /> Praperty and collect the Rents, inc[uding amounts past due and unpaid, and apply the net pr�ceeds, o�er and
<br /> abo�e Lender's costs, against the lndeb�edness. [n fur�herance ❑f �his right, Lender sha[[ ha�e aII the rights
<br /> pro�ided tar in the Lender's REght tv Recei�e and Colle�t Rents Secti�n, abo�e. [f th� Rents are �ollected by
<br /> Lender, then Grantor irre�o�ably designafies L�nder as Grantor's att�rney-in-�fact ta endors+� ins�ruments recei�ed in
<br /> payment thereo��n the name af Grantor and t� negofiia�e the same and callect the procee��s. Payments by tenants
<br /> ❑r o�her users to Lender En respanse to Lend�r's demand shall satisfy the ob[iga��ans for which �he payments are
<br /> made, whether ❑r nat any proper grounds for the demand existed. Lender may exercise its rights under this
<br /> subparagraph either in person, by agent, or thraugh a recei�er.
<br /> �ther Remedies. Lender shafl ha�e all vth�r rights and r�medies pra�id�d in this Assignment ❑r the Note or by
<br /> law.
<br /> Election nf Remedies. E[ection by Lender�❑ pursue any remedy sha[[ no�exclude pursuit of any other remedy, and
<br /> an elec�ion to make expenditures o�to tal�e action fo per�orm an obligation of Grantor under this Assignmen�, after
<br /> Grantvr's�aifure�o per�a�-m, sha[� nvt affect Lender`s right t❑dec[are a de�ault and exer�ise �ts remedies.
<br /> At�orneys' Fees; Expenses. If Lender institufies any suit or action t� enfarce any of�he terms a�this Assignment,
<br /> Lender shall be entifiled to recv�er such sum as the court may adjudge reasvnabie as a�tarneys' fiees at tr�al and
<br /> upon any appeaE. V�lhefiher or nat any caurt action is in�o[ved, and �o the extent not prvhibited by [aw, all
<br /> reasanab�� expenses Lender in�urs that in Lender's ❑pinion are necessary at any tim� for the pratectian of i�s
<br /> interest or the en�orcement of its rights shall became a part of the lndebtedness payable an demand and sha[f b�ar
<br /> interest a��he Nofie rate frvm th� dat�❑f the expendi�ure unti[ repaid. Expenses co�ered 1�y�his paragraph inc[ude,
<br /> without Eimitativn, howe�er sub��ct to any limits under applicab[e �aw, Lender's attorneys` �ees and Lender's Iega1
<br /> expenses, wh�ther or not there is a lawsuifi, including attorneys' fees and expenses #ar bankruptcy p�-aceedings
<br /> �inc[uding efforts to modify or�acate any automati� stay or injunction}, appeals, and any anticipated post�judgment
<br /> cvl[ection ser�ices, the cos# of searching records, ob�aining tit[� reporfis �in�luding f��reclasure reparts}, sur�eyors'
<br /> reports, and appraisal fees, title insurance, and fees for the Trustee, ta the extent pern�itted by applicable law.
<br /> Grantar als❑will pay any�ourt casts, in additivn�o �Il other sums pro�ided by[�w.
<br /> MISCELLANE�US PR�V�SI�NS. The fol[owing miscellaneous pro�isions are a part of th�s Assignm�nt:
<br /> Amendmen�s. This Assignment, tvgether wi�h any Rela�ed Documents, cvnstitu�es fihe �ntire understanding and
<br /> agreement ❑f the par�ies as to the matters s�t forth in this Assignment. N❑ a�teration �f or amendment ta this
<br /> Assignment shal[ he effecti�e unless gi�en in wrifiing ar�d signed by the party or par�ies saught to be �harged ❑r
<br /> bvund by the alteration ar amendment.
<br /> Caption Headings, Captivn headings in this Assignment are f�r con�enience purpvses only and are not t❑ be us�d
<br /> �o interpret ar define the p�-ovisivns o�fihis Assignment.
<br /> Ga�erning Law. This Assignment wiII he governed hy federaE !a►rv appii�abie to Lendeir and, #❑ #he ex#ent not
<br /> preempted by federaI law.the laws ❑f the State o#Nebraska withou�regard to i#s �onflict:a of faw prv�isions. This
<br /> Ass�gnment has been accepted by Lender in the Sta#e of Nebraska.
<br /> Choic� vf Venue. �f there is a [awsuit, Grantor agrees upan Lende�'s request to submit tv the jurisdictian ❑f th�
<br /> courts of Ha�1 Coun�y, S�tate afi Nebraska.
<br /> Joint and Se�era! Liab��i�y. All vbligations vf Borrvwer and G rantar under this Assigriment shal{ be joint and
<br /> se�eral, and all re�erences t� Gran�or sha�1 mean each and every Grantor, and a[[ references to Borrower sha(� mean
<br /> each and e��ry Barrower. This means that each Grantor s�gning �elow is responsible �fvr all ohligafiions in this
<br /> Assignment.
<br /> Merger. There sha11 be na merger of the interest ar es�at� created by this assignment v�ri�h any ❑ther in�erest ❑r
<br /> es#ate in�he Property at any tim� held by or for the benefi#vf Lender in any capacifiy, withaut the wr�tten cans�nt
<br /> af Lender.
<br /> Interpretation. {�} ln all cases where there �s mare than ane Borrower or Grant�r, �hen a�� w�rds used in this
<br /> Assignment in the singular shall be deemed tn ha�e heen used in�he plural where the �onfiext and construction s❑
<br /> require. {�y l�more than❑ne person signs this Assignment as "Grantor," the ob[igativns of each Grantor are joint
<br /> and seve�-al. This means that if Lender brings a lawsuit, Lender rnay sue any �ne ❑r more of �he Grantors. I�
<br /> Barrow�r and �rantor are not the same person, Lender need not su� Bvrrawer first, and tria� 6orrower need nvt be
<br /> join�d in any lawsuit. �3� The names gi�en to paragraphs or sections in this Assignment are fvr can�en3enc�
<br /> purp�ses only.They are not ta be used to �nte�-pret vr defir�e the p�-v�isivns of this Assignment.
<br /> No �IUaiver by Lender. L�nder shall not b� deemed �o ha�e wai�ed any rEghts und�r this Assignment un[�ss such
<br /> wai�er is gi�en in writing and signed by L�nde�. N� d�iay ar omission on the part of Lender in exerc�sing any righ�
<br /> sha�! ❑pe�-ate as a wai�er of such right or any ather right. A wai�er by Lender a�F a pro�isian ot this Assignment
<br /> shaiE not pre�udice o�- constitute a wai�er af Lender's right otherwise �❑ demand stri�t campliance wi�h that
<br /> pro�isi�n or any other pro�ision of this Assignment. N❑ prior wai�er by Lender, nor any course of dealing betweer�
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