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2� 17��8�2
<br /> ASSIGNMENT �F RENTS
<br /> Lvan Nv: ���3D�'i 5� {Continued} Page 4
<br /> irre�ocabfy designates Lender as Gran�or's attarney-in-fia�t ta endorse instruments recei�ed €n payment thereofi �n
<br /> the name o� Grantor and to negotiate fihe same and co�Iec�the praceeds. Paymen�s by �enants ❑r ❑�her users �o
<br /> Lender in response to Lender's demand shall satisfy the obligations �or which the paym�nts are made, whether�r
<br /> not any praper grounds for the demand exis�ed. Lender may exercise its rights under�his subparagraph either in
<br /> person, by agen�, vr thr�ugh a recei�er.
<br /> �ther Remedies. Lender sha�i ha�e all other righ�s and remedies prvWided in �h15 Assignmen� vr the Nvte or hy
<br /> Iaw.
<br /> Eiectian v�Remedies. Electi�n by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and
<br /> an election�❑ make expend�turss or to take action t❑ perform an obligatian of Grantor under�his Assignmen�, after
<br /> �ran�ar's failure�to per�orm, shall nofi a€fect Lender's right�a declare a defaul�and exercise i�s remedies.
<br /> Attorneys' Fees; Expenses. I� Lender institutes any suit or ac�ion to enfarce any of�he terms of this Assignmen�,
<br /> Lender sha�� be enti�led to reco�er such sum as fihe �ourt may ad�udge reasonable as a�torneys' �ees at �rial and
<br /> upon any appeal. Whether or na� any c�urt ac�ian is in�vl�ed, and to �he extent not prohibited by law, all
<br /> reasanable �xpenses Lender incurs that in Lend�r's apin�on are necessary at any time for the protectian o�f i�s
<br /> interest or�he enforcement of i�s rights shall became a parfi v��he Indebtedness payable vn demand and shajl bear
<br /> interest a�the No�e rate frvm the dafie of th� expendi�ure until repaid. Expenses cvv�red by this paragraph inciude,
<br /> w�thaut limi�a�ian, howe�er subjec�ta any limifis under app��cable law, Lender's attarneys' fees and Lender's legal
<br /> expenses, whether vr nat there is a lawsuit, including a���rneys' fees and expenses for �ankruptcy p�oceedings
<br /> �including efFor�s�❑ modify ar�aca�e any autvmafii�stay or injunctivn�, appeals, and any anticipated post-judgment
<br /> colle�tion ser�ices, fihe cost v�searching records, obtaining title reports �including foreclosure repor�s}, sur�eyors'
<br /> repor�s, and appraisal �ees, �it�e insurance, and fees �rvr �he Trus�ee, �a the ex��n� permitted by applicable law.
<br /> G1'ail��l"a�5❑WI�I pa�l an�l C�LII'fi C�5�5, in addition t❑ a�1��her sums pro�ided by law.
<br /> M15CELLANEDUS PR�Vl51�N5. The�ollawing miscellaneous pra�isions are a part of fihis Assignmenfi:
<br /> Amendmenfis. This Assignmen�, toge�her wi�h any Rela�ed Docum�nts, cons�i�utes �he ent�re understanding and
<br /> agreement of the par�ies as �o the matters set �o�th in this Assignment. No altera�ian of or amendmen� fiv this
<br /> Assignment shall be ef�ecfii�e unless gi�en in writEng and signed �y the party or par�ies sough� ta be charged or
<br /> bvund by the alteration❑r amendment.
<br /> Cap�ion Headings. Cap�ion headings in this Assignmen�are�vr cvn�enience purposes only and are n�t ta be used
<br /> to interpret vr de�ine�he prv�isions a�this Assignment.
<br /> Gvverning Law. This Assignment wi11 he go�rerned hy federa� iaw appti�able to Lender and, t❑ the ex�ent nat
<br /> preempted by federal Eaw,the [aws vf the 5�a�e of Nebraska withou�regard to i�s con�Flicts of iaw pro�isions. Th�s
<br /> Assignment has heen accep�ed by Lender in the Sta�e of Nebraska.
<br /> Choi�e of Venue. I��here E5 a lawsu��, Grantvr agrees upan Lende�'s reques� to submit ta �he jurisdic�ion ❑�the
<br /> cvurts of Ha1� Cvunty, State❑f Nebraska.
<br /> lUlerger. There shall be no merger vf the infierest vr estate crea�ed by this Assignmen� wi�h any ❑ther interest or
<br /> estate in�the Property at any�ime held by ❑r��r the benefi� o�Lender in any capacity, without the written cansent
<br /> of Lender.
<br /> Interpre�a#ivn. {�} In all cases where fihere is mvre fihan ❑ne Bor�ower o� Grantvr, then all words used in this
<br /> Assignment in the singular shall be deemed to ha�e been used in the plural where the context and canstru�t�on sa
<br /> require. {2� �f m�re than ane persan signs this Assignm�nt as "Gran�or," �he ob[iga�ions of each Grantor are jaint
<br /> and se�eral. This means �hat if Lender brings a lawsuit, L�nder may sue any �ne or mvre o� the Grantors. I�
<br /> 6orrower and Gran�or are not�he same person, Lender need not sue Borrawer first, and that 6vrrower need na��e
<br /> joined in any lawsui�. �3} Th� names gi�en ta pa�-agraphs or sec�ions in �his Assignment are for convenience
<br /> purposes only.They a�-e not to be used ta interprefi vr de�ine the prv�isions❑�this Assignment.
<br /> No Wai�er by Lender. Lender shall na� be deemed to ha�e wai�ed any rights under this Assignment un�ess such
<br /> wai�er is gi�en in writing and signed by Lender. N❑ delay❑r omission ❑n�he part of Lender in exercising any right
<br /> shall operate as a waiver a� such righ� ❑r any ❑�her right. A wa�ver by Lender ❑� a p��visian ❑f this Assignment
<br /> shall not prejud�ce or constEtu�� a waiWer of Lender's �igh� ❑therwise to d�mand strict cvmpliance with that
<br /> pro�ision or any❑�her pro�ision af this Assignmen�. N� pri�r wai�er by Lender, nor any course af dea[ing be�ween
<br /> Lender and Grant�r, shall canstitute a wai�er vf any o� Lender's rights or af any❑f Grantor's obliga�ions as to any
<br /> future firansactions. Whene�er the consent af Lender is required under th�s Assignment, the granting a� such
<br /> consent by Lender in any �nstance shall nofi �onstitute �ontinuing consent to subsequent instances where such
<br /> cansent is required and in a�E cases such consen�may be gran�ed ar withheld in the sole discretian❑f Lender.
<br /> Notices. Any notice required tv be gi�en under �his Assignmen� sha�! be g��en in writing, and shaif be e��ec�i�e
<br /> when acfivally deli�ered, when actually recei�ed by t�le�acsimile {unless v�herwise r�quired by iaw}, when
<br /> depvsited wi�h a nationally recognized avernight courier, or, i�mailed, when depasited in fihe �nited Sta�es mail, as
<br /> �irst class, certified ❑r registered mail pvstage prepaid, directed�❑�he addresses shown near fihe beginning o#this
<br /> Assignmenfi. Any party may chang� its address �or no�ices under this Assignmenfi 1ay giving formal written n�fii�e
<br /> to the o�her parties, spe�ifying that the purpase o� �he nvtice is t� �hange the par�y's address. For notice
<br /> purpases, Grantor agrees to keep Lender �n#ormed a� all �imes of Grantor-'s curren� address. Unless a�herwise
<br /> pro�ided ar required by law, i� �here is mvre �han vne Grantvr, any notice gi�en by Lender fio any Gr-an�ar is
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