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2� 17��8�2 ASS�GNMENT �F RENTS Lvan Nv: 'i�'13��'I 5� {�ontinued} Page � THIS ASSIGNMENT �5 GlVEN TD SECURE {'1} PAYMENT ❑F THE INI]EBTEDNE55 AN❑ {�} PERF�RMANCE OF ANY AND ALL nBL1GATI�NS �F GRANTDR UNDER THE NDTE, TH15 A551GN�VlENT� AN❑ THE RELATED D�CI]MENTS. THIS ASSIGNMENT 15 G1VEN AND ACCEPTED �N THE F�LL�W�NG TERMS: PAYMENT AND PERF�RIVIANCE. Except as otherwis� pro�ided in this Assignmen�or any ReIated ❑acuments, Grantor shall pay to Lender a�� amounts secured by this Assignment as they be�ome due, and shall s�rict�y perform all ❑� Grantar's ❑bligat�ons under�this Assignment. lJniess and untit Lender e�ercises i�s righ�to callec��he Rents as pro�ided belaw and so long as �here is n❑ de�aulfi under�his Assignment, Grantor may remain in p�ssession and �ontro! o� and operafie and manage the Prape�ty and cal�ect the Ren�s, pra�ided tha�fihe grant�ng of the right tv cvllect the Renfis shall n�t c�ns�itute Lender's consent ta the use of cash cvlla�eral in a bankruptcy pro�eeding. GRANTDR'S REPRESENTATIONS AND UVARRANTIES, Grantor warrants�ha�: �wnership. Grantor is entitled �o recei�e fihe Ren�s �res and cIear ❑f all righfis, �oans, liens, encumbrances, and cla�ms except as disclosed t❑ and accepted by Lender in writing. Right ta Assign. Grantor has the fuIi ri�ht, power and authority to enter into this Assignment and to assign and con�ey�he Rents�a Lender. N� Privr Assignment. Gran�or has not pre�iously assigned or con�eyed �he Ren�s �o any other person by any instrumen�now in force. Nv Further Transfer. Gran�kor wil� no�sell, assign, encumber, or otherwise dispose ❑f any�f Grantor's righ�s in fihe Ren�s excep�as pro�ided in�his Assignment. LENDER'S R1GHT T� RECEIVE AND CDLLEGT RENTS. Lender shall ha�e the righ� afi any fiime, and e�en fihvugh no de�au[t shall ha�e occurred under this Assignmen�k, to �ollect and �-�cei��the Ren�s. For�his purpose, Lend�r is hereby gi�en and granfied�he�vllowing r€ghts, pvwers and authority: No�ice �o Tenan�s, Lender may send notices t❑ any and all �enan�s ❑f �he Praperty ad�zsing them ❑f this Assignment and directing al� Rents tv be paid dire�tly to Lender or Lender's agenfi. Enter�he Properfiy. Lender may en�er upon and take possession of�he Praper�y; demand, collect and recei�e from �he �enants or�rom any other persans liahle �here�vr, a�[ vf the Rents; institute and �arry ❑n all legal proceedings necessary for fihe pra�ecfiivn ❑f the Property, including such proceedings as may be necessary to reca�er possession of the Proper#y; collect the Rents and rema�e any fienanfi vr�enants❑r o�he�-p�rsons�ram the Proper�y. Maintain �he Property. Lender may en�er upon the Property to maintain �he Proper�y and keep the same in repair; fio pay the cosfis fiherevfi and ��all ser�ices o� all �mployees� including their equipment, and vf all cvntinuing casts and expenses ❑f maintaining the Praperty in praper repair and conditivn, and alsa tv pay alf�axes, assessments and water uti[ities, and the premiums on fire and vther insurance effec�ed by Lender❑n the Property. Complian�� w�#h Laws. Lender may do any and a�� things to execute and cvmply w�th �he laws a� �he 5�a�e ❑f Nebraska and afsv alf other laws, rules, orders, ordinances and requirements of al! other gv�e�nmental agencies affecting the Proper�y. Lease the Prvperty. Lender may rent or Iease the whole vr any part of the Prvperty�or such term or�erms and on such canditions as Lender may deem appropriate. Emplvy Agen�s. Lender may engage such agen� or agents as Lender may deem apprapriate, either in L�nder's name vr in Gran�or's name,t� ren-�and manage fihe Prvperty, �nc�udin�fihe callectivn and applicatEon of Rents. �ther Acts. Lender may do all such ather �hings and ac�s with r�spec� t� the Property as Lender may deem appropriate and may ac� �xclusively and sole�y in�khe p[ace and s�kead o�Grantor and t❑ ha�e aCl vf the powers of Grantvr for the purposes s�a�ed abo�e. Nv Requirement�a Ac�. Lender shall not be required fia d❑ any of fihe �oregving acts or�hings, and �he fa��that Lender shall ha�e performed one or mare of �he fo�egoing acts or th�ngs shall not require Lende�-fi� dv any ❑ther speci�ic act or thing. APPLICATIDN DF RENTS. All Gosts and expenses incurred hy Lender in cannectivn with the Prop�r�y sha�� be far Gran�or's accvunt and Lender may �ay such cos�s and expens�s from the Ren�s. Lende�-, in its sole discretion, sha[I determine the applicati�n of any and all Rents reGei�ed by ifi; hvwe�er, any such Ren�s received by Lender which are not applied to such cos�s and expenses shall be app�Eed to the lndeb�edness. All expenditures made hy Lender under this Assignment and not reimbursed �rvm the Ren�s shall becvme a part of the lndeb�edness secured by this Assignment, and shall be paya��e on d�mand, wi�h int�res�at th� Note ra�e from date af expendifiu�e unfii� paid. FULL PERF�RIVIANCE. 1€ Grantor pays all of the Indeb�edness when due and otherwise per�orms aft th� ola�iga�ians impased upon Grantor under�h�s Assignmenfi,fihe Note, and the R�la�ed aocuments, Lender shal�exe�ut� and deli�er�o Gran-�or a suitabCe sa�isfac�ion��this Assignment and suita�le statements vf termina�Fon of any finan�ing statement on file evidencing Lender's se�ur�ty interest in the Ren�s and the Praperty. Any termination fee required by faw shall he paid by Grantvr, i�permitted by app�i�ahle law. LENDER'S E�CPENDITURES. �f any action or prflceeding is �ommenced�hat would ma�erially affec� Lender's in�erest in #he Property vr if Gran�to�-fails�o camply with any pra��sion❑f this Assignmen�or any Re�ated Dvcuments, inc�uding hut nvt limited�o Grantor's�ailure tv discharge or pay when due any amounts Grantvr is required�o discharge vr pay under