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2� 17��859
<br /> ASS1�N11llENT ��F RENTS
<br /> Lvan No: '1������3� ��ontlnued} Page 4
<br /> irre�o�ably designa�es Lender as Granfior's afifiorney--in��acfi fiv endorse instruments recei�ed in paymen�thereof in
<br /> �he name of Grantor and to negot�ate the same and collect the p�-oceeds. Payments by tenan�s or ❑ther us�rs to
<br /> Lender in response to Lender's demand shall satisfy fihe ❑bli�a�ions fior which the payments are made, whether or
<br /> no� any prvper graunds �or�he demand existed. Lender may exercise �ts rights under�his subparagraph either in
<br /> person, by agent, or�hraugh a re�ei�er.
<br /> Dther Remedies. Lender shall ha�e aI� oth�r rights and remedies proWided in this Assignmen�k or �he Note ❑r by
<br /> law.
<br /> Election of Remedies. Elect�on by Lender to pursue any remedy shall nat exclude pursuit o�any o�her remedy, and
<br /> an election t❑ make expenditures or fio take a�tion�o per�Form an obligation af Granfior under this Assignmen�, a�ter
<br /> Granfior's fiai�ure�o per�Form, shall not af�ect Lender's right to declare a default and exercise i�s remedies.
<br /> Attvrneys' Fees; Expenses. If Lender institutes any su�t or a�tion to enforce any ❑�the terms ❑�this Assignment,
<br /> Lender shail be entitled to reco��r such sum as the Gour� may adjudg� reasanabl� as afi�orneys' �ees afi trial and
<br /> upan any appeal. VIlhether ar nat any court ac�ian �s in�o��ed, and to fih� extent not prohibFted by law, all
<br /> reasonable expenses Lender incurs that in Lender's opinian are necessary at any time far the pro�ec�ion of its
<br /> interest or�he enfarcemen�of its rights shall become a part��the Indebtedness payable ❑n demand and shall bear
<br /> in�erest at the No�e ra�e from the date o�the exp�nditure un�il repaid. Expenses co�ered by this paragraph in�lude,
<br /> wifihout limi�a�ion, hvwe�er subject to any limi�s under applica�le law, Lender's attorneys' fees and Lender's legal
<br /> expenses, whether ❑r not there is a lawsuit, including attnrneys' fiees and expenses �or bankruptcy praceedings
<br /> {in�luding ef�orts to madify or�acate any au�oma�kic stay❑r in�unction}, appea�s, and any anticipated pos�judgment
<br /> collecfiivn serWi�es, the cos� of searching records, ahtain'tng fiifile repvrts �inc2uding forecl�sure repor�s}, sur�eyors'
<br /> �eports, and appraisal fees, ti�le insurance, and fees for �he Trus�ee, to the exfi�nt permitted by applicable law.
<br /> Granfior alsv will pay any�our�costs, in addi�ion to all ather sums prv�ided hy�aw.
<br /> M�SCELLANEDUS PR�V151aNS. The following misceflanevus proWisions are a part a�this Assignment:
<br /> Amendments. This Assignment, �vgether with any Relafied Documents, cans�i�utes the entire understanding and
<br /> agreement o� the parties as t❑ the mat�ers set forth in �his Assignment. Na al�eration af vr amendment ta �his
<br /> Assignmen� shall be e�#ectiWe un�ess gi�en in writing and signed 1ay �he party vr parties sought to be charged or
<br /> bound by the aftera�ion ❑r amendment.
<br /> Caption Headings. Caption headings in th�s Assignment are for �on�enience purp�ses vnfy and are not�o be used
<br /> �a interpret vr de�ine�he prv�isi�ns vf fihis Assignmen�.
<br /> Gvverning Law. Th'rs Assignmen� v►►ill be gv►rerned hy federal law applicabfe fio Lender and, �o �he ex�ent no�
<br /> preemp�ed by�ederal Eaw.the�aws of�he 5�a��o�Nebraska without rega�d�v its cvnflic�s of law provisions. This
<br /> Assignment has been accepted by Lender in the 5ta��a�Nebraska.
<br /> Choi�e a�Venue. l��here is a �awsui�, Grantvr agrees upon Lender's request�o submi�to the jurisdiction af�he
<br /> cour�s of Hall County, 5�a�e af Nehraska.
<br /> Mer�er. There shall be n� merger of the in�erest or estate �reated by this Assignment with any other in�erest ❑r
<br /> esta�e in�khe P�roperty at any tim� he[d by ❑r�or�he benefit of Lender in any capacifiy, without the written Gonsent
<br /> o�Lender.
<br /> In�erpreta�ivn, {'�} ln all cases where there ts more than one Borrower or Grantor, �hen af[ words used in this
<br /> Assignment in the singular shall 1�e deemed to ha�e been used in fihe plural where the contex� and construction s❑
<br /> require. �2� �f more�han flne persan signs�kh�s Assignment as "Gran�or," the ab�iga�ions of each Grantor are joint
<br /> and se�eral. This means tha� if Lender brings a lawsui�, Lender may sue any ane ❑r more ❑f the Gran�vrs. lf
<br /> Bor�-�wer and Grantor are no#the same person, Lender n��d not sue Bvrrower�first, and tha� g�rrawer need nofi be
<br /> jo�ned in any Eawsuit. 43� The names given to paragraphs ❑r sectivns in this Assignmenfi are far canvenience
<br /> purposes ❑nly,They are not�v 1�e used fia interpret o�-define the pro�isivns of thEs Assignm�nt.
<br /> No Vllaive� by Lender. Lender sha�� no� be deemed to ha�e wai�ed any r�ghfis under this Assignment un�ess su�h
<br /> waiWer is gi�en in wri�ing and signed by Lender. No delay or❑mission ❑n�he part o�Lender in exercising any right
<br /> sha�1 operate as a wai�er ❑f such right ar any other right. A wai�er by Lender of a pro�ision of this Assignment
<br /> shalf not �rejudice or constitute a waiWer �� Lender's righ� otherwise tv demand s�rict cam�liance wi�h fiha�
<br /> pro��sian�r any o�her pro�isi�n o#�his Assignment. No prior waiWer by Lender, nor any course o�dealing be�ween
<br /> Lender and Grantor, shall �vnstitute a wai�er vf any❑f Lender's rights ❑r❑f any of Grantor's v1�ii�a�ivns as fi❑ any
<br /> fu�ure transactions. Whenever the consent ❑f Lend�r is required under this Assignment, the gran�ing of such
<br /> cansent by Lender in any insfiance shall nat consfi�tute continuing consent ta subsequent instances where such
<br /> cvnsent is required and in all cases su�h consen�may be gran�ed❑r withheld in the sv�e discretion�f Lender.
<br /> Notices. Any no�ice required to be gi�en under �his Assignment shall be gi�en in writing, and shall f�e effec�i�e
<br /> when actually deliWered, when ac�ually recei�ed hy �ele�acsimife tun�ess �therw�se required by �aw�, when
<br /> deposited wEth a natianally recognized o�ernight courier, or, if mailed, wh�n depvsi�ed in the LJnited States mai�, as
<br /> first class, �erti�ied ❑r registered mail pasfiage p�epaid, directed to#he addresses shown near�he heginning o�this
<br /> Assignment. Any party may change tts address �or na�ices under this Assignment hy gi�ing forma� written notice
<br /> ta the ❑ther pa�-ties, speci�y�ng tha� the purpvse o� the notice is �o change the party's address. Far nvtice
<br /> pu�-poses, Grantvr agrees to �eep Lender infarmed at all times o� Granfior`s current address. Unless ❑therwise
<br /> proWided or r�quired by law, if there is more �han ❑ne Grantor, any notice gi�en by Lender t❑ any Grantor is
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