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2� 17� 145�
<br /> ASSIGNMENT �F RENTS
<br /> Loan No: 'I�'I 3D2��3 tC�3rltinued� Page 4
<br /> Lender's Rsght to Re�ei�e and C�Ilect Rents Section, aba�e. If th� Rents are coilected by Lender, then �rantor
<br /> irre�a�ably designates Lender as Grantor's attorn�y-�n-fac# to endarse instruments recei�ed in payment thereaf in
<br /> the name af Grantor and ta negvtiate th� same and �allect the proceeds. Payments by tenants �r ather users t❑
<br /> Lender in resp�nse to Lender's demand shall satisfy th� o�ligations for which the payments are made, whether ❑r
<br /> nat any prvper grounds #or the demand ex�sted. L�nder may exe�cise its rights under this subparagraph either in
<br /> person, by agent, ar thraugh a reCei�er.
<br /> Dther R�m�d�es. Lender shall ha�e al! ather rights and remedies pro�Eded in this Assignment or the Not� or �y
<br /> law.
<br /> Election of Remedies. Election by Lender to pursue any remedy shall not ex�iude pursuit o# any ather remedy, and
<br /> an el�ction ta make �xpenditures or tv take action t❑ perfarm an vbligation of Grantor under this Assignment, after
<br /> Grantor's failur�t� perform, shall not affect Lender's right ta declar� a defauit and exercise its remedies.
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit vr actian tv enfvrce any of the terms ❑f this Assignment,
<br /> Lender shall bs �ntit�ed ta reco�er su�h sum as the court may adjudge reasonable as attorneys' fees at tria! and
<br /> upon any appeal, Whe�her �r nat any court action is in�ol�ed, and ta the ext�nt not prohibited by law, all
<br /> reasonable expenses L�nder incurs that in Lender's oprnion are necessary at any time far th� pratectifln of its
<br /> interest�r the enfarcement af its rights shall becom� a part of the Indebtedness payahl� an demand and sha�E bear
<br /> interest at the Note rate frvm the da�e of the expenditure unti� repaid, Expenses �a�ered by this paragraph include,
<br /> withaut limitation, hawe�er subject t❑ any lim�ts under applicable law, Lend�r's attorneys' fees and Lender's legal
<br /> expenses, whether or not th�re is a lawsuit, including attorneys' fees and expenses far bankruptCy proc�edings
<br /> tincluding efforts to modify or �a�ate any automatic stay ar in�unction�, appeals, and any anticipated post-�udgm�nt
<br /> c�llection ser�ices, the cost of searching r�cards, vbtaining title reports �including f�reclosure reparts�, sur�eyors'
<br /> reports, and appraisal fees, title insuran�e, and fees for the Trustee, to the �xtent permitted by applicable law.
<br /> Grantor als❑ will pay any court�asts, �n addition ta all other sums pro�ided by law.
<br /> M1S�ELLANE�US PR�VISI�NS. The follvwing mis�ellaneaus pra�isions are a part❑f this Assignment:
<br /> Amendments. This Assignment, tagether with any Related DoGuments, �onst�tutes the entire understanding and
<br /> agreement of the parties as tv the matters set farth in this Assignment. Nv alteratian of ❑r amendment to this
<br /> Assignment shall be eff�cti�e unisss gi�en in wr�ting and signed by the par#y ❑r parties sought tv be charged or
<br /> bound by the alteratian or amendment.
<br /> Caption Headings. Caption headings in this Assi�nment are for �on�enience purposes �niy and are not t❑ be used
<br /> ta interpret or define the pro�isians of this Assignment.
<br /> Go�erning Law. This Assiynment will he gv�erned by fedgral law applicable to Lender and, to the extent n�#
<br /> preempted by federal law, the iaws vf ths Sta#e vf Nebraska wi#hout regard to its Conflicts of law pro�isians. This
<br /> Assignment has been accep#ed hy Lender in the S#ate o#Nebraska.
<br /> �hoice of Venue. If there is a lawsuit, Grantvr agrees upan Lender's requ�st tn submit to the jurisdiction af the
<br /> courts of Hall Cvunty, Srate of Nebraska.
<br /> Joint and Se�eral Liahili#y. All o�aligations af Grantar under this Assignrnent shali he joint and se�eral, and all
<br /> references to Grantor shall mean each and e�ery Grantv�. This means that each Grant�r signing befaw i5
<br /> r�spvnsible for all ❑bligations in this Assignment.
<br /> 1Vlerger. There shalf be no merger o� the int�rest ar estate created by this Ass�gnment with any other interest ar
<br /> estat� in the Property at any time held by ar far the ben�f�t af Lender in any capacity, withaut the written �onsent
<br /> of Lender.
<br /> Interpre#ativn. �1� �n all cases where there is m�re than one B�rrrower �r Grant�r, then all words used in this
<br /> Assignment in the singu�ar shall be deemed to ha�e been used in the plura! where the context and constructian s❑
<br /> require. �2y If more than one person s�gns this Assignrnent as "Grantar," the abligations of each Grantor are joint
<br /> and se�eral. This means that if Lend�r brings a lawsuit, Lender may su� any one or more ❑f the Grantors. �f
<br /> Borrower and �rantvr are nat the same person, Lender need not sue Barrawer first, and that Borrower need not be
<br /> }oined in any �awsuit. �3y The nam�s gi��n ta paragraphs or sections in this Assignment are for �on�enience
<br /> purposes ❑nly. They are nat t� be used ta interpret ar define the pro�isions ❑f this Assignment.
<br /> No Wai�er by Lender. Lender shaCl not be deemed t❑ ha�e wai�ed any r�gh�s under this Assignment unless such
<br /> wai�er is gi�en in writing and signed by Lend�r, N� delay ar�mission ❑n the part af Lender in ex�rcising any right
<br /> sha�� vperate as a wai�er af su�h right or any other r�ght. A wai�er by Lender o# a pra��sion ❑f this Assignment
<br /> shaif nat prejudice ❑r constitute a wai�er af Lender's right otherwise to demand st�iGt campliance with �hat
<br /> pro�isi�n or any❑ther pro�ision af this Assignment. N❑ prior wai�er by Lender, nar any cours� of dealing between
<br /> Lender and Grantor, shal� �anstitute a wai�er of any of Lender's rights ar ❑f any of G�antor's ��ligations as to any
<br /> future transactions. Whene�er the consent af Lender is required under this Assignment, the granting af such
<br /> consent �y Lender in any instance shaii nat constitute �antinuing �onssnt to subsequent instances where such
<br /> consent is required and in all �as�s suCh consent may be granted or withheld in the sale discretion af Lender.
<br /> Notices. Any notice requir�d to b� gi�en und�r this AssEgnment shali be gi�en in w�iting, and shall be effe�ti�e
<br /> when actually deli�ered, when actually recei�ed by telefa�simile �unless otherwise requir�d by !aw}, when
<br /> depvsited with a nationally recognized o�ernight caurier, ❑r, if mailed, when deposited in the United States mail, as
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