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2� 17��859 ASSI�NMENT �F RENTS Loan Na: ��'�3D�'i 3� �Cont�nued} Page � TH15 A551GNMENT 15 GIVEN Ta SE�I]RE {"�} PAYMENT �F THE INDEBTE�]NE55 AND {�� PERF�RiVIANCE �F ANY AND ALL �BLIGATI�NS �F GRANT�Fi UNDER THE NDTE, THIS ASSIGN�II�ENTr AND THE RELATED D�CUMENTS. THIS A551GNMENT 15 G1VEN AND ACCEPTED �N THE F�LL�W�NG TERMS: PAYNIENT AND PERF�RMANCE. Except as o�herwise pr-o�ided in thFs Assignment ar any Related Documents, Grantor shall pay �a Lender all amounts secured by this Assignm�nt as �hey become due, and shall strictly perform all of Grantar's ohligations under thzs Assignmenfi. Unless and un�il Lender exercises its right to Gollec�the Rents as pro�ided below and s❑ Iong as there is no defaul� under this Ass�gnment, Grantor may remain in Qossession and �on�rol of and opera�e and manage the Praperty and co�iect�h� Rents, pra�ided that�he granfiing o�fihe ri�h��❑ co��ecfi�the Ren�s shall not constitute Lender's consent tn the use of cash �ollateral in a bankrupt�y proceeding. GRANTDR'S REPRESENTATI�NS AND VIIARRANTIES. Gran�or warran�s that: awnership. Grantar is entit�ed t❑ recei�e the Rents free and clear �� all r�ghts, loans, �iens, encumbrances, and claims excep�as disclased to and accep�ed by Lender in wr�ting. Right�❑ Assign. Grantor has the �ull right, power and authority fio �nter into this Assignment and tv assign and con�ey the Rents t❑ Lend�r. No Prior Assignment. Grantor has nafi pre�ious�y assigned ❑r con�eyed the Rents to any other person by any instrument now in force. No Fur�her Transfer. Gran�or will nat sell, assign, encumlaer, ❑r otherwise dispose ❑f any af Grant�r's rights in the Rents except as pro�ided in�his Assignment. LENDER'S RlGHT T� RECEIVE AND C�LLECT RENTS. Lender shall ha�e �he right a� any time, and eWen though n❑ defaul�shall ha�e occurred unde�r this Assignmen�, to ca��ect and recei�e the Rents. For this purpose, Lender is hereby gi�en and gran��d�he fvllaw�ng righ�s, powers and authority: No�Ece �❑ Tenants. Lender may send natices tv any and all tenants of the Proper�y ad�is�ng �hem ❑f �khis Assignment and direc�ing all Ren�s to be paid dire��ly�o Lender or Lender`s agent. Enter#he Property. Lender may enter upvn and take pvssession v�the Prvperfiy; demand, co[f�ct and recei�e fram �he fienants v�-frvm any ather persons liable �herefor, all of the Ren�s; ins�itute and carry ❑n all iegal praceedings ne�essary for �he pro�ection af �he Property, including such p�-oceedings as may be necessary to �ecvWer possession of fihe Prvperty; collec��he Rents and remo�e any�enant ar tenan�s ❑r o�her persvns frvm the Proper�y. Maintain the Property. Lender may enter upan the Property to maintain the Property and keep fihe same in repair; tv pay�he �osts thereof and of all ser�ices of all emplayees, in�luding fiheir equipment, and of all cantinuing cvs�s and expenses of maintaining the Property in praper repair and condi�k€nn, and als❑�❑ pay a[l taxes, ass�ssments and water utilities, and the premiums on fire and ofiher insurance effected 1oy Lender❑n the Pr�perty. Compliance wi�h Larrvs. Lender may do any and all t�ings t❑ execute and comply with the laws o� the 5tate �fi Nebraska and als❑ all a�her laws, ru�es, ❑rders, ordinances and requirements of ail other gv�ernm�ntal agencEes a��eG�ing the Pr�perty. Lease the Property. Lender may ren�or�ease the wh�le a�-any part of the Pr�perty for such term ❑r terms and on such canditions as Lender may deem appropriate. Emplvy Agen�ts. Lender may engage such agen� or agen�s as Lender may deem apprvpriate, either in Lender's name or in Grantor's name,to rent and manage the Proper�y, including the collection and applicat�on of Rents. Dther Ac�s. Lender may dv all such vther �hings and acts wi�h respec� t❑ the Prvper�y as Lender may deem a�prapria�e and may act exclusi�ely and solefy in fihe p�ace and stead a� Gran�or and t❑ ha�e a!f vf fihe pawers of Gran�or for the purposes s�ated abo�re. No Requirement tv Act. Lender shall not be required to d� any of the �o�egoing acts ❑��hings, and the �a�t that Lender shall ha�e performed ane ar more of the faregoEng acts or things shall not �equire Lender tv dv any athe�- specific act❑r thing. APPLICATIDN DF RENTS. A�� C�5�5 and expenses in�urred by Lender in �vnnection with the Prvper�y shall be for Grantor's accvun� and Lender may pay such cosfis and �xpenses from the Rents. Lender, in i�s sole dis�retion, shall de�ermine the applica�ian a� any and all Rents received by �t; hvwe�er, any su�h Rents r�cei�ed by Lender which are na� applied to such costs and expenses shall be appli�d to the fndehtedness. All expenditures made �y Lender under this Assignment and not reimbursed fram the Rents shall be�ome a part of �he lndeb�edness secured by this Assignment, and shal! be payal�le on demand, with interest at the Note rate frvm dafie o�expenditure until paid. FULL PERF�R1111ANCE. If Grantor pays all o� �he Indeb�edness when due and o�herwEs� performs all the ob[igations impvsed upon Grantar under this Asstgnment,�he Nofie, and the Related �3vcuments, L�nder shai�execute and deli�er ta Grantor a su�table sa�isfac�ion ❑#this Assignmen�and sui�ab�e statemen�s of�ermination of any financing sfia�ement❑n file e�idencing Lender's se�urity interest in the Rents and fihe Praperty. Any termination fee required by law shall be paid by Gran�ar, i�permitted by applicable faw. LENDER`5 EXPEND�TURES, 1�any action or proceeding is cammenced tha�k would mat�rial�y affect Lender's interest Fn �he Proper�y❑r if Grantv�-�aiEs to camply with any provision❑f�his Assignment❑r any Related Documen�s, in�luding but no�limited tn Grant�r's failure to discharge ❑r pay when du� any amoun�s Grantor Es required t❑dis�harge ar pay und�r