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2� 1 ���425
<br /> ASSI�NMENT �F RENTS
<br /> Loan Na: 1 D'I 298553 �Continu�d� Page 4
<br /> �y iavu;
<br /> Acceierate Indehtedness. Lender shall have the right at its opt�an to de�lare th� entire Indebtedness immediately
<br /> due and payable, including any prepayment penalty that Borrawer wvuld be required to pay.
<br /> Collect Rents. Lender shall ha�e the right, without notice t❑ Bvrraw�r ar Grantor, to take possession of the
<br /> Prvperty and �ollect the R�nts, including amounts past due and unpaid, and apply the ne� proceeds, ❑�er and
<br /> abo�e Lender's �asts, against the Inde�t�dness. In furtherance n� this right, Lender shall ha�e all the rights
<br /> pro�ided �v� in th� Lender's Right tv Recei�e and Ca��ect Rents 5ection, abo�e. ff the Rents are collected �y
<br /> Lender, then Grantor irre�ocably designates Lender as Grantor's attorney-in-fact t❑ endorse instruments recei�ed in
<br /> payment thereof in the name ❑f Grantor and to negatiat� the same and cal�ect the proceeds. Payments by tenants
<br /> �r other users to Lender in response to Lender's demand shal� satisfy the ❑bligations far which the payments are
<br /> made, whether or n�t any proper grounds for the demand ex�sted. Lender may exer�ise its rights under this
<br /> suhparagraph either in person, hy agent, ❑r through a �e�ei�er.
<br /> �ther Remedies. Lender shall ha�e all vther rEghts and remedies pro�ided in this Assignment or the Note or by
<br /> law.
<br /> Election of Remedies. Election hy Lender t❑ pu�sue any remedy shall not �xclude pursuit o� any ather remedy, and
<br /> an election �a make expenditures ❑r to take actian to perfQrm an abligation of Grant�r under this Assignment, after
<br /> Grantor's failure to perform, shal� not affect Lender's right to declare a default and exercise its remedies.
<br /> Attorneys' Fees; Expenses. If L�nder institutes any suit ar acti�n tt� enfarce any af the terms of this Assignment,
<br /> Lender shall be entitled to recv�er such sum as the caurt may adjudge reasonable as attorneys' fees at trial and
<br /> upon any appeal. Whether or nat any c�urt a�tian is in�t�l�ed, and ta the extent nat prohibited by �aw, all
<br /> reasonable expenses Lender incurs that in Lender's ❑pinian are necessary at any time for the protection of its
<br /> interest or the enforcement of �ts rights shall become a part ot the Indebtedness payahle on demand and sha�l b�ar
<br /> interest at the Note rate from the dat� ❑f the expenditure until repaid. Expenses co�ered by this paragraph inciud�,
<br /> with�ut limitatian, how��er subject t❑ any limits under applicable law, Lender's attarneys' fees and Lender's lega�
<br /> expenses, whether ar not there is a �awsuit, inc�uding attorneys' f�es and expenses f�r bankruptcy proceedings
<br /> �including efforts tv madify�r�acate any automatic stay ar �njunction�, appeals, and any anticipated post-�udgment
<br /> callect�on ser�ic�s, the cast o� searching records, obtaining titl� reparts �including fore�losure reports}, sur�eyors'
<br /> reports, and appraisal fees, title insurance, and fees far the Trustee, t� the extent permit�ed by applicable law.
<br /> Grantor als❑ will pay any caur� c�sts, in additian to all other sums pro�ided by iaw.
<br /> M15CELLANE�US PR�VISI�NS. The following mis�ellaneaus pravisians are a part of this Assignment:
<br /> Amendments. This Assignment, tagether with any Related ❑ocuments, canstitutes the �nt�re understanding and
<br /> agreement ❑f the parties as to the matters set farth in this Assignment. Nv alteration of or amendment ta this
<br /> Assignment shall be eff�cti�e uniess given in writing and signed by the party or partjes sought to be charged or
<br /> bflund by the alteration or amendment.
<br /> Capt�on Headings. Captian headings �n this Assignment are for con�en�ence purpases �n�y and are not ta be used
<br /> to interpret or define�he pro�isivns af this Assignment.
<br /> �o�erning Law. This Assignment will be go�erned by federal !aw applicabie to Lender and, ta the ex#ent not
<br /> preempted by f�deral law, the laws of the 5tate of Nehraska without regard t❑its confEiGts of law proWisians. This
<br /> Assignment has been accepted hy Lender in the 5tate o#Nebraska.
<br /> �hoice of Venue. If �h�r� is a lawsuit, Grantor agrees upon Lender's request to subrnit to the jurisdiction of the
<br /> caurts vf Ha�� County, State of Ne�raska.
<br /> Join� and 5e►►eral Liability. All obfigations of Barrower and Grant�r under this Ass+gnment shalf be j�int and
<br /> se�eral, and all re�erences t� Grantvr shali mean each and e�ery Grantvr, and all references �o Borrow�r shall mean
<br /> each and e�ery Borrower. This means that each Grant�r signing belvw is responsibie tor a�f obligations in th��
<br /> Assignment. Where any one or more of the parties is a �arporation, partnership, limited �iability company ar similar
<br /> entity, it is not necessary for Lender ta inquFre inta the powers of any of the of�i��rs, directors, partn�rs, members,
<br /> ❑r other agents acting �r purparting to act on the entity's behalf, and any abligations made or created in reiiance
<br /> up�n�he professed exercise of such powers sha�� �e guaranteed under this Assignment.
<br /> Merger. There sha�l he no m�rger of th� int�rest ar estate �reated by this assignment with any ath�� interest or
<br /> estate in the Praperty at any time held by ar fvr the benefit of Lender in any capacity, without the wr�tten cansent
<br /> o� Lender.
<br /> lnterpretation. �1 y In all cases where there is mvre than vne Borrow�r or �rantor, then all words used fn this
<br /> Assignment in the singular shai� he deemed t� ha�e been used in the plural where the cantext and cvnstru�tion sn
<br /> require. �2} If more than vn� persan signs this Assignment as "Grantor," the ❑bligatians �f each Gran��r are joint
<br /> and se�erai. This means that if Lender br�ngs a lawsuit, Lender may sue any one �r more of the Grantors. If
<br /> gorrower and Grantor are nat the same person, Lender need nvt sue Borrower first, and that Borrawer need not be
<br /> joined in any lawsuit, [3y The names gi�en t❑ paragraphs ar sections fn this Assignment ar� for con�enien�e
<br /> purposes ❑nly. They are not to be used to interpr�t��define the pro�isions of this Assignment,
<br /> Na Wai�er by Lender. Lender shall not be deemed to ha�e wai�ed any rights under this Assignment unless such
<br /> ►rvai�er is gi�en in writing and signed by Lender. No delay or omissivn vn the part ❑f Lender En �xer�ising any right
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