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2� 17� 1838 ASS�GNMENT �F RENTS � Lvan Na: 1 D 7 3D333� ��ontinued� Page � AND ALL �BLlGATI�NS �F GRANTDR UNDER THE N�TE, THIS ASSIGN�VIENT. AND THE RELATED D�CUNiENTS. THlS ASSIGNMEN7'IS GIVEN ANQ ACCEPTED QN THE F�LLa1NING TERNiS: PAYMENT AND PERFQRi1J�ANCE. Except as otherwise pro�ided in this Assignm�nt or any Relat�d D��uments, Grantor shall pay to Lend�r all amounts secured hy this Assignm�nt as they became du�, and shaEl strictiy per�arm all of G�antor's abligatians under this Assignment. Unless and un�i4 Lender exerc3ses its righ�� co��ect�he Rents as praWided below and so iong as there is no default under this Ass�gnment, Grantar may remain in possessian and cvntral �� and aperate and manage th� Property and co�lec�the Ren�s, praWEded tha�the granting of�he right t� c�l�ect the Rents shal� n��cons�i�ute Lender's consen��a the use of cash colla�eraf in a �ankruptcy pro�eed�ng. GRANT��i'S REPRESENTATIDNS AN❑WARRANTIES. Grantor warrants that: �wnership. Gran�or is en�i�led �o rec�i�e the Ren�s #ree and clear ❑f all rights, ioans, liens. encumbrances, and �1a�ms except as disclosed�o and a�cepted by Lender in writing. Right to Assign. Gran�or has the full right, power and authori�y t� enter inta this Assignment and �o assign and conWey the Rents ta Lender. No P�ior Assignment. Gran�or has not pr��vusly assigned vr ��n�eyed �he Rents to any ather person by any in�trum�nt now in farce. No Fur�her Trans�er. Grantor will nv�seii, assign, encumber, vr otherwise dispvs� af any of Gran�or's righ�s in the Rents excep�as prvvided in�his Assignment. LENI]ER'S RIGHT T� RECEIVE AND C�LLECT RENTS. Lender shall ha�e the right at any time, and ��en though no default shaf I ha�e accurred under�hi�Assi�nment, �o coilect and reeeE�e the Rents. Far this purpose, Lender is hereby gs�en and gsan�ed the fo44ovving rfgh�s, pawers and authority: Natic� ta Tenants. Lsnder may send nv�ices to any and all �enants of the Proper�y ad�ising �hem ❑f this Assignmen�and disecting aIS Renxs to be patd direc-�fy ta Lender or Lender'� agent. En�er the Property. Lender may en�er upon and take possessian o�the Prvperty; demand, cvllect and r�cei�e �r�m the tenan�s o� #�om any oth�� pe�sons 14able there#or, all a��he Ren�s; ins�i�u�e and carry an a1� legal proceedings necessary �or the protection af the Property, Encluding such praceedings as may be necessary to reca�� possessi�n vf�he Praperty; callect the Ren�s and remo�e any tenant or tenants or other persons fram the Praperty. �Uiainfain the Proper�y. Lender may enter up�n �he Property ta ma�ntain the Property and keep the same in repair; �a pay the casts �herea� and of all ser�ices a�all employees, inciudin� their equipment, and a-F ail continuing �osts and expens�s❑�main�aining the Property in proper repair and �onditivn, and aEso to pay a�l�axes, assessments and water u�ilities, and the premiums❑n fire and❑ther insurance e##ec�ed by Lender vn the Praper�y. Gompliance wi#h Laws. Lender may do any and all things to exe�ute and comply with the laws vf �he 5�ate of Nebras�a and als❑ ali other laws, ruies, orders, ordinances and requirem�nts ofi aE! other go�ernmenta! agencies at�ecting�he Property. Lease the Praper#y. Lender may rent or lease�he whole or any part of the Property#vr such�erm or terms and an such condi�ions as Lender may deem apprvPriate. Employ A�ents. Lender may engage such agent ar agen�s as Lender may deem appropriate, either in Lender's name or in Gran�ar's name,tv rent and manage the Property, including the coflectian and applicatian af Rents, �ther Ac#s. Lender may da all such other �hings and a�ts with respect �o the Praperty as Lender may deem appropriate and may act exclusi�ely and salefy in the place and s�ead o� Grantor and �❑ haWe af� o�the pavtirers of Grantor for the purposes s�a�ed abn�e. Na Requiremen�tv A�t. Lender shafl not be required to do any a#the �oregaing ac�s or thingst and the fact that Lender shall ha�e performed vne or more o�the foregoing a�ts or things shalE no� require LEnder to da any ❑ther speci�ic act❑r�hing. APPLIGATIDN DF RENTS. Ali costs and expenses incurred hy Lender in connectivn with the Property shaii be �ar Grantvr's acc�unt and Lender may pay such cas�s and expenses from �he Rents. Lender, in i�s sole discre�ion, shall dete�mine �he applicati�n af any and all Ren�� recei�ed by it; hvweWer, any s�ch Ren�s received by Lender which are not applied �❑ such costs and expenses shall be app[ied ta the lndebtedness. A1� expendi�ures made hy Lender under �his Assignment and nat reimhursed from �he Rents shall becvme a part o� the lndebtedness se�ured by this ►Assignmen�, and shal[ b� payable on d�mand, wEth interest at the Note rate�rvm da�e o�expenditure until paid. FLlLL PERFQ�IVIANCE, I� Grantor pays alf a-� �he indebtedness when due and ❑therwis� per�orms a!I the abligatians impvsed upon Grantvr under�his Assignment, the No�e, and the Re�ated Documents, Lender shall execu�e and deli�er to Gran�ar a suitable sa�is�activn af this Assignment and suitabEe statements af�erm�nation of any�inancing s�atement an fiie e�idencing Lender's securi�y interest in the Rents and �he Praperty. Any terminat��n fee requ4�e� k�y �aw sha�l be paid by Grantar, i#permi��ed by appli�aE�le iaw. LENDER'S EXRENDfTURES. 1-�any act�an ❑r proceeding is ��mmenced that would ma��ria��y a��ec� Lgnde�'s int�rest in fihe Property❑r i�Gran�o�fails to comply with any prv�Esion ❑f this Assignmen�or any Related Docum�nts, including but n��limit�d to Gran��r's��iiure f�discharg� �r pay when due any amvun�s Gran�or is required to dis�harge ar pay under fihis Assignment or any R�lated aocuments, Lender vn G ranfior's behal� may �bu� shail nflt be ob�igated tv} �ake any