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2� 17� 1595
<br /> ASSlGNfVIENT �F �ENTS
<br /> Loan No: 'I�]'I 3�3'i 55 ��nnt�nued� Page 4
<br /> nvtice vf a breach ❑f the same pro�isian of this Ass+gnment within the pre�eding twel�e [�2} months, it may be
<br /> �ured if Grantor, after Lender sends written notice to Borrower d�manding cure ❑f such default: �1 f cures �he
<br /> default within fifteen �1�� days; or �2� if the cure �equires more than fifteen �15� days, immediately initiates steps
<br /> which Lende� deems in Lender'S S�I� discretion t❑ be sufficient t❑ �uTe the default and thereafter c�ntinu�s and
<br /> comple#es all reasonab�e and necessary s�eps suffici�nt to produGe c�mpliance as soan as reasanab�y practical.
<br /> RIGHTS AND REMEDiES �IV DEFAULT. Upon the oc�urrence of any E�ent of Default and at any time thereafter, Lender
<br /> may �x�rcise any flne o� more a�the fallow3�g rights an� �emedies, in addition tc� any other ri�hts or cemedies pro�4ded
<br /> by law:
<br /> A��elerate lndebtedness. Lender shall ha�e the r�ght at its vption to declare �he �ntire Indebt�dness immediately
<br /> due and payable, inc�uding any pr�payment penalty tha� Borrawer wauid be required to pay.
<br /> Collect Rents. Lender shall ha�e �he right, without notice to 6orrawer ar �rantor, to take p�ssession ot the
<br /> Property and ca�l��t the Rents, including amounts past due and unpaid, and apply the net proceeds, o�er and
<br /> aho�e Lender'S CD5t5, against the Indebtedness. In furtherance of this right, Lender shall ha�e at! the rights
<br /> pro�ided �or in th� Lender's Right to Recei�e and Colle�t Rents Section, abv�e. if the Rents are collected by
<br /> Lend�r, then Grant�r irre�acably designates Lende� as �rantor's attvrney-in-fact to endorse instruments recei�ed in
<br /> payment thereof in th� name of Grant�r and tv negotiate the same and coll�ct the proceeds. Payments by tenants
<br /> or ath�r users to Lender Rn response to Lender's demand shall satisfy the a�ligations far which the payments are
<br /> mad�, whether ar nat any proper graunds for the demand existed. Lender may exercise its rights under this
<br /> subparagraph either in person, �y agent, ar through a re�ei�er.
<br /> �ther Remedies. Lender shall ha�e all ather rights and remedies pro�ided in this Assignm�nt ❑r the Nate or by
<br /> law.
<br /> E�ectivn of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit af any ❑ther remedy, and
<br /> an election t❑ make expenditures ❑r to take action t� perfarm an o�lEgatian vf Grantor under this Assignment, af�er
<br /> Grantar's failure t❑ perform, shall not af�ect Lend�r's r�ght to dec�are a de�ault and �xercise its r�medies.
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit or action t❑ enforce any vf the terms af this Assignment,
<br /> L�nder shall be entitled ta rec��er such sum as the court may adjudge reasonable as attt�rneys' fees at triaf and
<br /> upan any appe�l. Whether ar not any court a�tian is in�ol�ed, and to the ext�nt nat prohibited by law, all
<br /> reasflnable expenses Lender incurs that in Lender's opinion are necessary at any time for the prvtection ❑f its
<br /> interest or the enfor�emen�of its rights sha�! b��ome a part of the Indebtedness payabie on demand and shall bear
<br /> interest at the N�te rate from the date af the expenditure until repaid. Expenses �o�ered by this paragraph include,
<br /> without limitation, h�we�er su�j�ct to any limits und�r applicable law, Lender's attorn�ys' �ees and Lender's iegal
<br /> expenses, wh�ther or nvt there is a lawsuit, including attorneys' f�es and expenses for bankruptcy proceedings
<br /> {including effarts t❑ modify ar �racate any autamatic stay ar injunctian�, appeals, and any anti�ipated p�st-judgment
<br /> collection ser�ices, the cost ❑f searching re�ards, ❑bta�ning title reparts tinGluding foreclosure reparts�, sur�eyars'
<br /> reports� and appraisal fees, title insurance, and fees for the Trustee, ta the extent permitted by applkcab�e iaw.
<br /> �rantor also will pay any cour� costs, in addi�i�n to aE! other sums pro�ided by iaw.
<br /> M15CELLANE�US PR�VISI�NS. The follvwing miscellaneous pro�isions are a part of this Assignment:
<br /> Amendments. This Assignment, tagether with any R�lated Documents, ��nstitutes the entfre understanding and
<br /> agreem�nt a# the parties as t� the matters set forth in this Assignment. No alt�ration of or amendm�nt tn this
<br /> Assignment shall be et#ecti�e unless gi�en in writing and signed by the party or parties sought ta be charged or
<br /> bound by the alteration ar amendmen�.
<br /> Caption Headings. �aption h�adings in this Assignm�nt are for con�enience purposes only and are not t� b� us�d
<br /> t� interpret vr define the p�ovisians of this Assignment.
<br /> Go�erning Law. This Assignment will be go�erned by federal law applicahle ta Lender and, tv the exten# not
<br /> preempted by federal law, the laws af the Sta�e af Nebraska without regard to its conflicts of law pro�isians. This
<br /> Assignment has heen accspted hy Lender in the 5tate of Nebraska.
<br /> Choice af Venue. If there is a lawsuit, Grantor agr�es upan Lend�r's request t� submit to the jurisdiction o� the
<br /> courts of Hall �ounty, State❑f Nebraska.
<br /> Joint and Se�eral L�abiiity. All abligatians af Barr�wer and Grantor under this Assignment shall be joint and
<br /> se�eral, and a�� referenc�s to Grantar shall mean each and e�ery Grantvr, and all referenc�s to Borrawer shall mean
<br /> each and e�ery Borrawer. This means that each Grantor signing below is resp�ns�bl� far all vbiigati�ns in this
<br /> Assignment. Where any❑ne or more �f the parties i� a �orporation, partn�rship, limited liability �ompany ❑r similar
<br /> entity, tt is nat necessary for Lender to inquire int❑ �he powers ❑f any ot the officers, di�ecto�s, partners, members,
<br /> or ❑ther ag�nts acting or purporting ta act vn the entity's behalf, and any ❑bligations made or created in retiance
<br /> upon the professed exercise of suGh pawers shall be guaranteed under this Assignment.
<br /> Merger. There sha�� be no merg�r of the interest or estate created �y this Assignment with any other interest ar
<br /> estate in the Prop�rty at any time held by or for the b�nef�t af Lender in any capa�ity, withaut the written cvnsent
<br /> of Lender.
<br /> Interpretation. �1� !n all cases where there is mare than ane Barrow�r ar Grantar, then al! words used in this
<br /> Assignment in the singula� shall be deemed ta ha�e been used in the plural where the �ontext and canstruction so
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