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201701924
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Last modified
7/28/2017 2:38:18 PM
Creation date
3/29/2017 12:33:05 PM
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DEEDS
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201701924
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2� 17� 1924 <br /> ASSI�NMENT C]F RENTS <br /> Loan No: '!a�3�3355 {Continued� Page � <br /> GRANT�R'S WAIVERS. Grantor wai�es ail rights ar defenses arising by reason af any "ane actEon" or "anti-defi�iency" <br /> law, ❑r any ❑ther law which may pre�ent Lender from k�ringing any action against Grantor, including a ciaim for <br /> deficiency t❑ the extent Lender is otherwise entitled t❑ a claim for deficiency, be#are or after Lender's comm�nc�ment <br /> ❑r campletian ❑f any forecfosur� actian, �ith�r judicially or by ex�rcise ❑f a power❑f sale. <br /> BqRRqWER'S WAIVERS AND RESPDN5IBILITtES. Lender need not tell Barrower abaut any acti�n ❑r inactian Lender <br /> takes in c�nnectivn with this Assignment. Borrower assum�s the respons�bi�ity for being and keeping infarmed about <br /> the Praperty. 6orraw�r wai�es any defenses that may arise because of any action vr inaction of Lender, including <br /> without l�mitation any failure �f Lender to rea�ize upt�n the Prop�rty, or any delay by Lender in realizing upon the <br /> Property. Bvrrvwer agrees to remain liable under the Note with Lender no matter what act+an Lend�r takes or fails to <br /> take under this Assignment. <br /> PAYMENT AND PERF�RMAN�E. Except as otherwise pr��ided in this Assignment or any Related Documents, Grantor <br /> shall pay to Lender all amaunts se�ured �y this Assignment as they become due, and shall strictiy perfarm af! �f <br /> Grantor's obligati�ns under this Ass�gnment. Unless and untii Lender exercises its right to collect the Rents as pro�ided <br /> heEow and sa long as there is na default under this Assignment, Grantor may rema�n En possession and c�ntrol of and <br /> �perate and manage the Prop�rty and callect the Rents, proWided that the granting of the right to collect the Rents shall <br /> not constitute Lender's consent to the use of cash collateral in a bankrupt�y praceeding. <br /> GRANT�R'S REPRESENTATI�NS AND WARRANTIES. Grantor warrants that: <br /> �wnership. Grantor is entitled �❑ �ecei�e the Rents free and clear ❑f all rights, loans, liens, encumbrances, and <br /> �laims except as disclosed ta and a�cepted by Lend�r in writing. <br /> Righ# to Assign. Grant�r has the �u�� right, pawer and authority ta enter into this Assignment and ta assign and <br /> con��y the Rents tv Lender. <br /> Na Prior Assignment. �rantor has not pre�iausiy assigned �r c�n�eyed the Ren�s �� any ❑ther person by any <br /> instrument nvw in farce. <br /> No Further Transfer. Grantor will not sefk, assign, encumber, or otherwise dispose of any of Grantor's rights in the <br /> Rents except as pro�ided in this Assignment, <br /> LENDER'S RlGHT TU RECEIVE AND C�LLECT RENTS. Lender shall ha�e the right at any time, and ��en though no <br /> default shall ha�e vccurred under this Assignment, to collect and receiWe the Ren�s. For this purpose, Lender is hereby <br /> gi�en and granted �he following rights, paw�rs and au�harity: <br /> Notice to Tenants. Lender may send notices ta any and all tenants af the Praperty ad�ising them of this <br /> Assignment and directing all Rents to be paid directfy to Lender or Lender's ag�nt. <br /> Enter the Property. Lender may enter up�n and take poss�ssion ❑f the Property; demand, collect and recei�e fr�m <br /> the tenants ❑r frvm any other pers�ns liable therefor, all of �h� Rents; institute and carry vn ail legal proceedings <br /> necessary �or the protecti�n af the Property, incfuding such proceedings as may be necessary t❑ re�o�er <br /> pvssession ❑f the Property; c�llect the Rents and remo�e any tenant or tenants ❑r other p�rsons frnm th� Praperty. <br /> Main#ain the Prvperty. Lender may ent�r upon the Property t❑ ma'rntain �he Prvperty and keep the sam� in repair; <br /> to pay the �asts therevf and of all ser�ices vf a�� employ�es, including their equipment, and of all �ontinuing costs <br /> and exp�ns�s of maintaining the Praperty in proper repair and condition, and alsa to pay al! taxes, assessments and <br /> water utilities, and the premiums on fir� and other insu�ance effected by Lender❑n the Property. <br /> Compliance with Laws. Lender may dfl any and all things to exe�ute and camply with the laws of the Sta�e of <br /> Nebraska and als❑ all ❑ther Eaws, rules, ❑rders, ❑rdinances and requir�ments ❑f al[ other go�ernmental agencies <br /> affecting the Property. <br /> Lease the Property. Lender may rent or �ease the whaie or any part of the Property for such term or terms and on <br /> such �onditivns as Lender may deem appropriate. <br /> Employ Agents. Lender may engage such agent ar agents as Lender may deem apprapriate, either in Lender's <br /> name or in G�antor's name, tv rent and manag�the Pr�perty, including the Gallectian and application of Rents. <br /> Uther A�ts. Lender may dv all such �ther things and acts with respec� #❑ the Proper�y as Lender may deem <br /> appropriate and may act exclusi�ely and svlely {n the place and stead of Gran�or and t❑ ha�e all ❑f the powe�s �f <br /> Grantor fvr the purp�s�s stated abo�e. <br /> Nv Requirement to Act. L�nder shal! n�t be required t❑ do any of the faregoing acts or things, and the #act that <br /> Lend�r shal� ha�e per#ormed one or mare af the foregoing acts �r things shail not requir� Lende� to do any ath�r <br /> specific act�r th�ng, <br /> APPLICATI�N �F RENTS. A�I costs and expenses incurred hy Lender in c�nnection with the Property shall be for <br /> Grantvr's account and Lender may pay such Gasts and expenses from the Rents. Lender, in its sal� discretion, shall <br /> determine the appiication of any and all Rents re�ei�ed by it; howe�er, any such Rents �e�ei�ed by Lender which are <br /> not app�ied tv such �osts and expenses shali be applied to the Indebtedness. AI! expenditures made by Lend�r under <br /> this Assignment and not reimbursed fram the Ren�s shall became a part of the indebtedness secured by �his <br /> Assignment, and sha�� be payable on demand, with inter�st at the Nate rate from date of expenditure until paid. <br /> FULL PERF�RMANCE. !f Gran�tor pays ail of the Indebtedness when du� and otherwise performs all the obligations <br />
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