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2� 17��273
<br /> A�SI�NMENT �F �ENTS
<br /> Loan No: 1 D 13�'I 17� {�ontin ued� Page �
<br /> an electi�n to make expenditures ❑r to take action to perfvrm an obligatiQn of Grantar und�r this Assignment, after
<br /> Grantvr's fai�ure to perform, shall n�t affecfi L�nder's r��ht to de�lar� a default and exercise its remedies.
<br /> Attorneys' Fees: Expenses. �f Lender institutes any suit or action to enforce any of the terms of this Assignment,
<br /> Lender shall be en�itled t❑ reco�er suGh sum as the caurt may adjudge reasanable as at�arn�ys' fees at trial and
<br /> upan any a�pp�a�. Whether vr nat any Gourt actian is in�al�ed, and tQ the ex��nt noC prohibited I�y law, all
<br /> reasnnable expenses L�nder incurs that in Lender's �pinian ar� necessary at any time �for the proreGt�on af its
<br /> inter�st or the enfor�ement ofi its rights shall be�ame a part �� the Inde�tedness payable on demand and shal� b�ar
<br /> interest a�the Note ra�e from the date❑f th� expendi�ure unti� repaid. Expenses co�ered by this paragra�h inciude,
<br /> with�ut Iimit�tEon, howe�er subject to any limits under applicable law, Lender's attvrn�ys' #ees and Lender's legal
<br /> expenses, whether vr not there is a lawsuit, including attvrneys' fees and expenses �or bankruptcy �roceedings
<br /> �in�luding e�farts to modify�r�acat� any autarnatic stay ar injunctian�, appeals, and any antiGipated past-judgment
<br /> �allectian ser�fces, the cast of se�rching re�ords, cahtaining title r�pvrts {including fc�rec�asure repartsy, sur�eyars'
<br /> reports, and a�praisal fees, titl� insurance, and fees far the Trus�ee, to the extent permitted by a��licable law.
<br /> Grantvr alsv will pay any court cvsts, in additian t❑ all o�her sums pr��ided �y law.
<br /> IVIISCELLAiVE�US PR�V15f�NS. The foilnwing miscellane�us pro�isions are a part nf this Assignment:
<br /> Amendments. This Ass�gnment, tagether with any Reiated Documents, cans�itutes the entire understanding and
<br /> agreement of the parties as ta th� matters set farth in this Assignment. No alteration ❑f or amendment tv this
<br /> A�signment sh�ll be effecti�e unless gi�en in wr��ing and signed by the party ❑r parties saught to be ch�rg�d or
<br /> b�und by the al�era�ian or amendment.
<br /> �aption Headings. Caption headings in this Assignment are for can�enience purpases oniy and are n�t to b� used
<br /> tv interpret vr define#he pro�isivns af this Assignm�n�.
<br /> Ga�erning Law. This Assignment will be go�erned by federal law appli�able to Lender and, to �he extent nat
<br /> pre�mpt�d hy f�deral law, the laws vf the 5tate❑f Nebraska without r�gard ta its cpn�liGts of law pro�isians. This
<br /> Assignment has heen accept�d by Lender in the ��ate of Nebrask�.
<br /> �hoica vf Venue. If there is a lawsuit, Gran�nr agrees up�n Lender's re�uest �o �ubmit t� the jurisdi�tion c�t the
<br /> courts af Hall County, State of Nebraska.
<br /> Merger. Thers shall be no merger of the interest ar estat� �reated by this Assignment with any other interest or
<br /> �sta#� in the Praperty at any tim� held �y or for th� benefit �f Lender in any �apacity, withou� the wri�ten consent
<br /> of Lend�r,
<br /> Interpr�#atian. ��y In all c�ses where there is more than ane B�rrower or Gran�or, the� all words used in thi5
<br /> Assignment in the singular shall be deemed �v ha�e be�n used in the plural where the context and construction so
<br /> require. �2� If more than one person signs this Assignment as "Grantor," the ohligatinns of each Grantor�re joint
<br /> and se�eral. This means �hat if Lender brings a �awsuit, Lender may sue any �ne ar mar� of the Grantors, lf
<br /> B�rrflwer and Grantor are nQt the same per�Qn, Lender need not sue gorrower first, and that Bvrrower need not be
<br /> joined in any lawsuit. �3f The names gi�en t� paragraphs c�r se�tivns in this Assignment are for cvn�eni�nce
<br /> purpa�es an�y. They are no�to be used t� interpret❑r define the pro��s�ons �f this Assignment.
<br /> Na Wai��r hy Lender. Lender shall not be deemed t❑ ha�e wai�ed any rights urrder this Assignment unlass such
<br /> wai�er is gi�en in writing and signed by Lender. No delay or amissian an the part af Lender in ex�r�ising any right
<br /> shall operate as a wai�er o# such right ar any other right, A wai�er by Lender of a pr��isian o� this Assignmen�
<br /> shall not �r�judice ar constitute a wai�er of Lender'� right �therwis� t� d�mand s�rict complianGe wit�h that
<br /> pra�ision or any other pro�isian of this Assignment. N❑ priar wai�er by Lender, nor any course Qf dea�ing b�tween
<br /> Lender and Grantor, �hail cQnstitute a wai�er of any of Lender's rights vr of any ❑f Grantor's �blig�tians as to any
<br /> future tr�nsa�tivns. V1lhene�er the consent of Lender is required under this As�ignment, the granting of SUCh
<br /> cvnsent by Lender in any instance shaii nvt cans�i�ute cantinuing Gonsent to subsequent instances where such
<br /> consent is required and in ai� cases such �onsent may b� granted ar wi�hheld in the sole discretian�f Lender.
<br /> No#i�es. Any noti�e required to be gi�en und�r �his Assignment shalf be gi�en in writ€��, and shall be effecti�e
<br /> when actual�y deli�ered, �rvhen actually re�ei�ed by telefa�simil� {unless �therwi�e required by law�, wh�n
<br /> deposited wi�h a natianally re�ognized ❑�ernight courier, or, if mail�d, when deposi��d in the United States mail, as
<br /> �i�st class, �ertified or regist�red mail postag� prepasd, dirscted to the addres$es shawn near the beginning vf this
<br /> Assignment. Any party may chan�e its address f�r notices under this Assignm�nt by gi�ing #arma� written not��e
<br /> to the other parties, specifying that the purpase ❑f the notice is t� change the party's address. Far noti�e
<br /> purposes, Gran�or agrees to ke�p Lender informed at all �imes �f Grantor's �urrent address. Unless otherwise
<br /> pro�ided ❑r r�quired by law, if �here is more th�r� ❑ne Granto�, any notice gi�en t�y Lender t❑ any Crantor is
<br /> deemed tp b� natice gi�en t� all Grantors.
<br /> Powers af Attorney. The �ari�us agencies and pawers ❑f attorn�y Gan�eyed �n Lender under this Assignment are
<br /> �ranted for purposes af security and may n�t be r��oked by �rantor until suGh time as the same are renounced by
<br /> Lende�.
<br /> Se�erability. If a cvurt afi competent jurisdiction finds any pro�isian v� thi� Assignment to be illegal, in�alid, or
<br /> un�nforceable as to any circums�an�e, that finding shatl nat m�ke the offendin� prr��ision illegal, in�alid, or
<br /> unenforc��ble as to any oth�r �ir�umstan�e. I� f�asible, �he affending pra�isian shal� be considered madified so
<br /> that it b�c�mes fega�, �afid and en�orceabie. If th� offending pro�ision cannot b� s❑ modifi�d, it shaf� be
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