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2� 1 ��7782
<br /> ASSI�NMENT �F RENTS
<br /> Laan Na: 'I�'f 3��'!4'I �Continued� Page 4
<br /> Ad�erse Change. A material ad�erse change ❑CCLl1'S in Grantor's finan�ial conditi�n, or Lender belie�es the
<br /> prospect of payment ar perfarmance of the Indehtedness is impaired.
<br /> lnsecuri#y. Lender in goad faith belie�es itself insecure.
<br /> Cure Pro�isi�ns. If any default, other than a default in payment, is curable and if Grantor has n�t heen gi�en a
<br /> notice of a breach of the same provision af this Assignment within the preceding tw���e {12� months, it may he
<br /> cured if Grantor, after Lender s�nds written no�ic� to 6orrower d�manding �ure af such defau�t: t1� �ures the
<br /> default within fifteen t�5y days; or t�� if the cure requires more than fifteen �15� days, immediately initiates steps
<br /> which Lender deems in Lender's sale discreti�n t❑ be sufficient to cure the default and the�eafter continues and
<br /> comple�es all reasonable and necessary steps sufficient to produce campliance as svon as reasonably practiGal.
<br /> RIGHTS ANO REMEDIES �N DEFAULT. Upon the vccurrence ❑f any E�ent ot ❑�fault and at any time ther�after, Lender
<br /> may exercis� any one or mare of the fallvwing rights and remedies, in additfon t� any ❑�her rights or remedies prv�ided
<br /> by�aw:
<br /> A�celerate Indebtedness. Lender shall ha�e the right at its optian ta declare the entire Indebtedness immediately
<br /> due and payable, including any prepayment pena�ty tha# Bvrrvwer would be required to pay,
<br /> Coll�c# Rents. Lender shall ha�e the, right, w�thau� nt�tice to Borrower or �rantar, t❑ take possessivn �f the
<br /> Property and cvllect the Rents, including amounts past du� and unpaid, and appiy the net pr�ceeds, a�er and
<br /> abo�e Lender's casts, against the Indebtedness. In furtheran�e of this right, Lend�r shall ha�e all the rights
<br /> pro�ided for in the Lender's Right t� Recei�e and Collect Rents Section, abv�e. If the R�nts are ca�fected by
<br /> Lender, then Grantor �rre�ocab�y designates Lender as Grantar's attorn�y-in-fact ta endvrse instruments recei�ed in
<br /> payment thereof in the name �f Grantor and to negotiate the same and callect the proceeds. Payments by t�nants
<br /> or o�her users to Lender in response t❑ Lender's demand shall satisfy the obligatinns far which the payments are
<br /> mad�, whether vr not any proper graunds for the demand existed. Lender may exercise its rights under this
<br /> subparagraph either in person, by agent, ❑r through a recei�er.
<br /> �ther Remedies. Lendsr shall ha�e all other rights and remed�es prQ�ided En this Assignment or the Note ar by
<br /> law.
<br /> Election of Remedies. Electifln by L�nder t❑ pursue any remedy shall n�t exclude pursuit o� any ❑th�r remedy, and
<br /> an electian to make expendi�ures vr to take action t❑ perform an ablis�ation of �rantor ur�der this Assignment, after
<br /> Grantor's failure tv perfarm, shal� nat affect Lender's righ�ta declare a default and exercise its remedies.
<br /> Attvrneys' Fees; Expenses. if Lender institutes any suit ❑r act�on to enforce any of the terms of this Assignment,
<br /> Lender shall be �ntitled to re�o�er such sum as the Gourt may adjudge reasanable as attorneys' fees at trial and
<br /> upan any appeal. Whe�her ar not any c�urt action is in�ol�ed, and ta the extent n�t prohibited by law, ai�
<br /> reasonab�e expenses Lender incurs that in Lender's apinion are necessary at any time far the prote�#inn of its
<br /> interest ar the enfarcement of its rights shall bec�me a part ❑f the indebtednsss payable on demand and shall bear
<br /> interest at the Nate rate from the date of the exp�nditu�e until repaid. Expenses co�es�d by this para�raph in�lude,
<br /> without limitation, hawe�e� subject tv any limits under applicable law, Lender's attarneys' fees and Lender's legal
<br /> expenses, whether or not there is a lawsuit, including attorneys' fees and expenses far bankruptcy proceedings
<br /> �including efforts to modify or�acate any autamatic stay or injunctiony, appeals, and any anticipat�d past-judgment
<br /> collection ser�ices, the cost of searching records, �btaining title repvrts �inciuding fareclosure reparts�, sur�eyors'
<br /> repvrts, and appraisal �ees, titie insurance, and fees for the Trustee, to th� extent perm�tted by applicable law.
<br /> Grantor als❑ wi�l pay any court c�sts, in addition to all other sums pro�ided by law.
<br /> MiSCELLANE�US PR�VISIQNS. The followtng misce�lane�us p�avisions ar� a part ti#this Assignment.
<br /> Amendments. This Assignment, together with any Related Dvcumen�s, constitutes the entire understanding and
<br /> ag�eement of the parties as to the matters set forth �n this Assignment. No alteration of or amendment to this
<br /> Assignm�nt shall he ef�ecti�e unless gi�en �n writing and signed by the party or parties saught ta be �harged or
<br /> hvund by th� aiteration or amendment.
<br /> Cap#ion Headings. Caption head�ngs in this Assignment are far con��nience pur�ases only and are n�t ta be used
<br /> t� interpret or define the pra�isivns af this Assignment,
<br /> Go►►erning Law. This Assignment will be ga�erned by federal law applicable to L�nder and, tv the ex#ent not
<br /> preempted hy federal law, the laws a�the State of Nebraska without regard tv its �onflicts o#�aw pro►►isians. This
<br /> Assignment has been ac�epted hy Lender in the State of Nebraska.
<br /> Chvice ❑f Venue. If there is a �awsuit, Grantar agrees upvn Lender's request t❑ subm�t ta the �urisdictian a� the
<br /> caurts of Ha�i Gounty, State �f Nebraska.
<br /> Joint and Se�eral Liability. All ❑hligations af Barrower and Grant�r under this Assignment shalI be joint and
<br /> ss�erai, and all refierences to Grantor shall m�an each and e�ery Grantor, and aiI references ta Borrower shail mean
<br /> each and e�ery Borrower. This means that each Grantar signing below is respvnsihl� for all ❑b�igattons in this
<br /> Assignment.
<br /> itil�erger. Ther� shall be n❑ merger of the interest or estate created by this Assignment wi�h any other interest or
<br /> estate in the Praperty at any time held by or for the benefit of Lend�r in any capa�ity, without the written c�ns�nt
<br /> of L�nder.
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