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2� 1 ��7782 <br /> ASSl�Ni111ENT �3F RENTS <br /> Laan Na; 1�'I 3��1�7 t�ontinued} Page � <br /> REVt]LV1NG LINE ❑F C�tE�IT. This Assignment secur�s ihe Indebtedness including, withQut iimitation, a re�ol�ing line <br /> of credit, whi�h vbfigates Lender to make ad►►an�es ta Borrower sa ivng as gorrawer comp�ies with all the terms of the <br /> Nvte. <br /> FL�TURE ADVANGES. In add'+tian ta the Note, this Assignment secures all tuture ad�ances made by Lender to Barrower <br /> or Grantor wheth�r ❑r nQt the ad�ances are made pursuant t� a commitment. 5pe�ifically, without I�mitation, th�s <br /> A�signment s�cures, in addition to the amaunts specified in the Nate, aiR �uture amaunts Lender in its discretion may <br /> Iv�n to Bor�vwer vr Grantar, togethsr with afl interest�therean. <br /> THIS ASSIGNMENT IS GIVEN T❑ SECURE t'I} PAYMENT �F THE INDEBTEDNESS AND {2� PERF�RMANCE QF ANY <br /> AND ALL C7BLIGATl�NS �F BQRR�WER AND GRANTLIR I�NDER THE N�TE, THIS ASSI�NIVIENT, ANC� THE RELATED <br /> D�CUMENTS. TH�S AS5[GNMENT IS GIVEN AND AC�EPTED 4N THE F�LLC]VIIING TERMS: <br /> �RANTqR'S VIIAIVERS, �rantar wai�es all rights ❑r defens�s ari�ing by reas�n of any "on� ac�ion" or "anti-deficiency" <br /> law, ar any ather law which m�y pre�ent Lender from �ringing any action against Grantar, in�luding a claim for <br /> de��cien�y ta the �xtent Lender is ❑therwise entitled t❑ a �laim for deficiency, before ar a�ter Lender's �ammencement <br /> �r completian�f any�ore�lasure actian, either judicially or hy exercise of a power of sale. <br /> ��RR�]WER'� WAIVERS AND RESPC]N5IBILITIES. Lender need nnt tell Borrawer a�out any a�tian flr inac�ian Lender <br /> take� in c�nn���ian with �his Assigr�ment, garrawer a5sumes the responsibi�ity for ��ing and keepin� infarmed a�Qut <br /> the 4�roperty. Borrflwer waives any defenses that may arise because ofi any action or ina�tion af Lender, inGluding <br /> without �imitati�n any failure ❑f Lender to realize upan the Praperty, ar any delay by Lender in reali�ing upan the <br /> Prvperty. 6arr�wer agre�s to remain liable under the Nate with Lender nv matter what aGtion Lender takes or �ails to <br /> take under tihis Assignment. <br /> �AIFMENT AN[� PERF�RIIIIANCE. Ex�ept as Qtherwise pr�uided in this Assignment �r any Related Dvcuments, Grantor <br /> shall pay to Lender a�� amaunts se�ured by this Assignm�nt as they b�c�me due, �nd shall strictly perform all of <br /> �rantor's abli�ations under this A�signment. Unless and until L�nder exerGises its right to call�ct the Ren�s as pra�ided <br /> below and so lang as fihere is no defauit under this Assignment, Grantor may remain in possession and ct�ntraf a� and <br /> ap�rate and manage the Prvperty and collect the Rents, pro�ided that the �ranting of th� right t❑ calleGt the Rent� shall <br /> n�t constitute Lender's ��nsent t❑the use �f�ash callateral in a bankruptcy praceeding. <br /> GRANT'�R'S REF'RESENTATiDNS AND VIJARRANTIES. �rantnr warrants that: <br /> C]wnership. Gran�ar is entitled ta reCei�e the Rents free and clear of a�l righrs, �oans, If�ns, enGumbrances, and <br /> claims except as discl�sed ta and accepted by Lender in irvriting. <br /> Right to Assign. Grant�r has �he full right, pvwer and authority to �nter into this Assignment and to assign and <br /> con�ey the Rents to Lender. <br /> Na Prior AssignmQn#. Grantor has� nQt pre�iously assigned or can��ye� �he R�nts to any ather �ersan by any <br /> instrument naw in force. <br /> No Further Transfer. Grantar wili nat sell, assign, encumber, or otherwise disp�se af any ❑f Grantar's rights in the <br /> Rents except as pr��id�d in this Assignment. <br /> LENQER'S RI�HT TD RECEIVE AND C�LLECT RENT�, Lender shall ha�e the right at any time, and e�en though nv <br /> default shall ha�e ❑ccurred und�r this Assignment, ta Gollect and r�cei�e the �ent5. Fvr this purpase, Lender is hereby <br /> �i�en and granted the fallvwing rights, pawers and autharity: <br /> Notice tQ Tenants. L�nder may send notices to any and al! tenants of the Proper�y ad�ising them ofi this <br /> Assignmer�t and directing all Rents to be paid directly t� Lender ar Lender's agent. <br /> Enter the Property. Lender may enter upon and tak� pvssession vf the Prop�rty; deman�, colle�t and recei�e fram <br /> the tenants vt� from any oth�r p�rsons �iable ther��or, all af the Rent�, institute and carry on a�! �e�a� praceedings <br /> nece�sary for the protectian of the Prc�perty, in�luding such proceedings as may b� ne�essary ta re�c�ver <br /> possessian�f the Property; collect the Rer��s and remo�e any tenant or tenants ar Qther persons �rorn the Prvp�rty. <br /> Main#ain the Property. Lender may �nter upon the Property ta maintain the Praperty and k�ep the same in repair; <br /> to pay th� cvsts thereof and of all s�r�ices �f all emplvyees, inc�uding their equipment, and ❑f all continuing casts <br /> and expens�s vf maintaining fihe Pra�erty in prop�r repair and candit�on, and alsa to pay a!� taxes, assessm�nts and <br /> w�ter ut��it�es, and �he premium� ❑n fire and other insurance ef��cted by i�ender an the Property. <br /> ComplianGe with Laws. Len��r may dv any and all things ta �xecu�e and comply with the laws a� the S�a�� ❑f <br /> Neb�aska and a�so aii other laws, ru��s, orders, ❑rdinan�es and requir�ments of all �ther go�ernm�ntal agen�ies <br /> affecting the Property. <br /> Lease the Proper�y. L,ender may rent or lease th� whole �r any part �f th� Property far such t�rm �r terms and on <br /> such candi�ians as Lender may deem apprapriat�. <br /> Emplvy Agents. L�nder may engag� such agent or agents as Lender may d�em app�oprfate, eith�r in Lender's <br /> name or in �rantor's name, ta rent and manage the Property, inciuding the cofleGtian and application of Rents. <br /> �ther Acts. Lender may do all such other things �nd acts with res��ct to the Prap�rty as Lender may deem <br /> approp�iate and may act exclusi�ely and soleiy in the piace and stead �� Grantor and to ha�e all of the powers of <br /> Grantar fQr the purpaSes stated abaue. <br />