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2� 1 ��425 AS�IGNf111ENT �F RENTS Laan No: '1�'1298553 ��ontinued� Page 2 de�icien�y to th� extent Lender is ❑therwise entitled to a ciaim fvr deficiency, hefore or after �ender's c�mmencement ❑r completinn af any farecl�sur� action, either judicialiy or hy exercise of a power ot sale. B�RR�VIJER'S WAIVE�S AND RESP�NSIBILETIES. Lender need nvt tell Bor�ower about any a�tion or inaction Lender takes in cannectton with this Assignmen�. Bvrrower assumes the r�sponsi�ility for being and k�eping infarmed about the Property. Barrower wai�es any def�nses that may arise be�aus� vf any action or inactivn of Lender, including with�ut iimitation any failur� ❑f Lender tv realize upon the Property, ❑r any de�ay by Lender in realizing upon the Property. 6arrawer agrees t❑ remain liable und�r the N�te with Lender na matter what action Lender takes ❑r fails ta �ake under this Assignment. PAYMENT AND PERF�RMANCE. Except as otherwise pro�ided in this Ass�gnment �r any Related Documen#s, Grantor shall pay to Lender all amounts secured by �his Assignment as they become due, and shall strictly perfarm all of Grantvr's �b�igatians under this Assignment. llnless and until Lender exercis�s its right t� ��Ilect the R�nts as pro�ided below and so long as there is no default under this Assignmen#, Gran�or may remain in possession and control of and operate and manage the Prap�rty and �fl�lect the Ren�s, pror�ided that the granting af the right t� �oil�ct the Rents shall not constitute Lender's cansent t❑the use nf cash collateral in a bankruptcy pro�eeding. GRANT�R'S REPRESENTAT��NS ANQ WARRANT[ES. Grantor warrants that: �wnership. Granta� �s entitled ta re�eive the Rents fr�e and c�ear vf all rights, laans, liens, enGumbrances, and c�a�ms except as disclosed to and a��epted by Lender in writing. Right to Assi�n. Grantor has the �ull right, power and authority ta enter into this Assignment and to assign and con�ey the Rents �a Lender, No Prior Assignment. Grant�r has not pre�iousiy assigned or c�n�ey�d the Rents to any ather person by any instrument now in force. No Further Transfer. Grantor will not sell, assign, encumber, ❑r otherwise dispvse vf any of Grantor's rights in the Rents except as pro�ided in this Assignment, LENDER'S RIGHT T� RECEIVE AND Ct3LLECT RENTS. Lend�r shall ha�e the righ� at any time, and e�en though no default shall ha�e occurred under this Assignment, ta collect and recei�e the Rents. For this purpose, Lender is hereby gi�en and g�anted the follawing rights, pawers and authority: Notice tn Tenants. Lender may send notices ta any and all tenants of the Property ad�ising th�m ❑f this Assignment and directing all Rents to be paid directly t❑ Lender ar Lender's agent. Enter the Property. L�nder may enter upon and take possessian af the Praperty; demand, collect and recei�e from the tenants or frvm any other persons liable therefar, all ❑f the Rents; institute and carry on aii legal praceedings ne�essary f�r the pratection �f �he Property, including such proceedings as may be necessary to reco�er possession�f the Property; colle�t the Rents and remo�e any tenant ar tenants or�ther persons tram the Property. Maintain the Property. Lender may �nter upern the Property to maintain the Praperty and keep the same in repair; t❑ pay the costs thereaf and of all ser�ices ❑f a�l empiayees, in�iuding their equipment, and af ali continuing C�5t5 and exp�nses af maintaining the Praper�y in proper repair and cnnditit�n, and also to pay all taxes, �ss�ssm�nts �nd water utilities, and the premiums on fire and �thet insurance e�fected by Lender on the Property. Cornpliance wi#h Laws. Lender may do any and a!I things tv execute and camply with the laws ❑f the Stat� of Nebraska and als❑ a�l other laws, rules, orders, ordinances and requirements of all ather ga�ernm�ntal �gencies affe�ting the Property. Lease the Prvperty. Lender may rent or �ea�e the whole or any part a#the Property for such term ❑r terms and an such cvnditivns as Lender may deem appropriate. Emplay Agents. Lend�r may engage such agent ❑r ag�nts as Lender may deem appropriate, either in Lender's name ar in Grantor's name, to rent and manage the Prvperty, including the �ollection and application of Rents. �#her Ac#s. Lender may d❑ all such vther things and acts with respect to the Property as Lender may deem apprvpriate and may act exciusi�ely and solely in the pla�e and stead af Grantor and ta ha�e all af �he powers of Grantor for�h� purpvses stated abo�e. Nv Requirement to Act. Lender shall nat be required to da any of th� fvr�gaing acts or things, and the fa�t that Lender shall ha�e performed one ❑r mare of the faregoing acts or things shail nvt require Lender t❑ do any o�her specific act vr thing. APPLICATIC]N �F RENTS. All costs and expenses incurred �y Lender in cannection with the Property shall be far Grantvr's accaunt and Lender may pay such costs and expenses from the Rents. Lender, in its so�e discretion, shall determin� the applicatian af any and ail Rents rece��ed by it; howe�er, any such Rents recei�ed hy L�nder which are not applied to such costs and expenses shall be applied to the Indebtedness. All expenditures made by Lender under this Assignment and nat r�imbursed fram the Rents shall become a par� of the Indebtedness se�ured by �his Assignm�nt, and shaf� be payable on demand, with interest at the Nv'�e rate frvm da�e of expenditure until paid. FULL PERF�RIVIANCE. If Grantar pays all ❑f the Indebtedness when due and otherwise p�rf�rms all the abligations imposed upan Grantar under this Assignment, the No��, and the Related D�cuments, Lender shafl execut� and deli�er to Grantor a suitable satisfaction t�f thi� Assignment and suitable statements of termination af any finan�ing statement an