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E. Assignment of Leases and Rents.
<br />1. As additional security for the payment of Borrower's Obligations and for the performance of the
<br />covenants and agreements herein contained, subject to and in accordance with Neb. Rev. Stat. §52-
<br />1701, et. Seq., as amended (the "ALR Statute "), Borrower hereby assigns to Bank the following
<br />( "Assignment "):
<br />2. This Assignment is given as collateral security only. To the extent there is any conflict between this
<br />Assignment and the ALR Statute, the ALR Statute shall control.
<br />3. During the continuance of an Event of Default, Borrower shall, upon demand therefor made by Bank,
<br />deliver and surrender possession of the Property to Bank who shall thereafter collect the rents and
<br />income therefrom, rent or lease the Property or portion thereof upon such terms and for such time as it
<br />may deem best, terminate any tenancy and maintain proceedings to recover rents or possession of the
<br />Property from any tenant or trespasser, and apply the net proceeds of such rent and income to the
<br />following purposes: (a) preservation of the Property; (b) payment of taxes; (c) payment of insurance
<br />premiums; or (d) payment of installments of interest and principal due under the terms of the Loan
<br />Documents.
<br />4. The Assignment does not bind Bank to performance of any covenant, condition, duty, or obligation
<br />under any Lease provision, or otherwise impose any monetary or non - monetary obligation on Bank,
<br />all of which remain Borrower's responsibility at all times, including without limitation, the following:
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<br />a. All of Borrower's right, title, and interest in and to all present and future Leases and Rents and
<br />proceeds thereof;
<br />b. All of Borrower's rights, but not duties, under and related to the Leases, including, without
<br />limitation, the immediate and continuing right to:
<br />i. Claim, receive, collect, and pay all Rents payable or receivable under the Leases;
<br />ii. Apply such Rents to payment of Borrower's Obligations;
<br />iii. Do all other things that Borrower is or may become entitled to do under, or in connection
<br />with, the Leases.
<br />a. The control, care, management, or repair of the Lease property;
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<br />b. Any waste committed on the Lease property by Borrower, tenants, or any third party.
<br />c. Any dangerous or defective condition of the Lease property, including without limitation, any
<br />condition related to any Environmental Substance or negligence in the management, upkeep,
<br />repair, or control of the Lease property resulting in loss, injury, or death to any tenant, licensee,
<br />employee, or stranger.
<br />5. This assignment of Rents and Leases does not make Bank a "mortgagee in possession" in the absence of
<br />it taking actual possession of the property subject to the Leases.
<br />F. Upon Borrower's failure to pay any Obligation (a "Default "), and upon the Bank's request, to the extent
<br />permitted by state law, Trustee will sell the Property, in whole or in part(s) as Bank and Trustee deem
<br />appropriate, in accordance with the applicable foreclosure procedures prescribed by state law. Without
<br />limitation, at the request of the Bank, the Trustee shall proceed to take possession and to sell the Property,
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