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2� 17� 1924
<br /> ASSIGNMENT �F RENTS
<br /> Loan No: 'I�'I 3�3355 ��antirluedy Page 4
<br /> comp�etes all reasonable and n�c�ssary steps suff�cient ta praduce compiiance as soon as reasonabiy pract�cal.
<br /> RfGHTS AND REIVIEDIES DN DEFAULT. Upan the o��urren�e of any E�ent❑f Default and at any time therea#ter, Lender
<br /> may exercise any vne or more af the follaw�ng rights and remedies, in addition to any ❑ther rights ❑r remedies pro�ided
<br /> by law:
<br /> Accelerate Indebtedness. Lender shall ha�e the right at �ts optian to declare the entire Indebtedness imm�diateEy
<br /> due and payabie, including any prepayment penalty that Bnrrawer wouid be required t❑ pay.
<br /> Collect Rents. Lend�r sha�l ha�e the right, without n�tice to Borrawer o� Grantor, tn take possessEon of the
<br /> Property and c�llect the Rents, including amounts past due and unpaid, and apply the net praceeds, a�er and
<br /> abo�e L�nder'S C�StS, aga�nst the fndebtedness. !n furtherance af this ri�ht, Lender shalF ha�e all the rights
<br /> pro�ided for in the Lender's Right to ReGei�e and Callect Rents Sectian, abo�e. If the Rents ar� call�cted by
<br /> Lender, then Grantar irre�acably d�sEgnates Lend�r as Grantor's att�rney-in�fact to endarse instruments recei�ed in
<br /> paym�nt thereof in the name of Grantor and ta negotiate the same and coi�ect th� proceeds. Payments by tenants
<br /> ❑r other users to Lender in r�sponse t❑ L�nder's demand shall satisfy the obligations f�� which the payments are
<br /> made, whether ar not any proper grounds for th� demand existed. Lender may exercise its rights under this
<br /> suhparagraph either in persan, by agent, or through a recei�er.
<br /> �#her Remedies. Lender shall ha�e all other rights and remedies pro�ided in this Assignment ❑r the Note or by
<br /> law.
<br /> Efection o# Remedies. Ele�tion by Lender t� pursue any rem�dy shall not exclude pursuit ❑f any ather r�medy, and
<br /> an election to make exp�nditures vr to take actian to perform an obligation of Gran�or under this Assignment, after
<br /> Grantor's failure to per�Fvrm, shall not affe�t Lender's right to declare a de�ault and exercise �ts �emed�es.
<br /> A##orneys' Fees: Expenses. ff Lender institutes any suit or acti�n to enfarCe any ❑f the terms of this Assignment,
<br /> Lender shall be entitled #o reco�er such sum as the court may adjudge reasonable as attorneys' fees at trial and
<br /> up�n any appeal. Whether or not any caurt action is in�ol�ed, and t� the extent nat prohibited by law, a�l
<br /> reasonable expenses Lender incurs that in Lender's opinion are necessary at any time �or �he pratectian of its
<br /> interest ar th� enforcement of its rights shall become a part ❑f the Cndebtedness payable on demand and shal! bear
<br /> interest at the Note rate from the date vf the expenditure untii repaid. Expenses co�e��d by this parag�aph incfude,
<br /> without limi�ativn, howe�er subject to any limits under applicab�e faw, Lend�r's attorneys' �ees and Lender's legal
<br /> expenses, whether or nat there is a lawsuit, including a�torneys' fees and exp�nses for bankruptcy praceedings
<br /> ��ncluding �fforts tv modi#y or�a�ate any automatic stay or injunctionf, appeals, and any anticipated post-judgment
<br /> Ca�l�cti�n ser�ices, the �ost af searching records, obtaining title rep�rts �including farecfasure reports�, sur�eyars'
<br /> reports, and appraisai fees, title insurance, and fees for the Trustee, to the extent �ermitted �y applicable law.
<br /> Grantor alsa will pay any court casts, in addEtEon ta a�l ❑ther sums pro�ided by law.
<br /> IVIISCELLANEflUS PR�VISIUNS. The fa�lawing miscellaneous pro�isions are a part af this Assignmen#:
<br /> Amendments. This Assignment, tvgether with any Related aocuments, canstitutes the entire understanding and
<br /> agreement of the parties as t❑ the matters set forth in this Assignment. N❑ aiteration of or amendment to this
<br /> Assignment shall be effecti�e uniess gi�en in writing and signed by the party or parti�s sough� to be charged ar
<br /> bound by the alteration or amendment.
<br /> Caption Headings. Caption headings in this Assignment are for con�enience purpases only and are nat to be used
<br /> tv interpret❑r de�ine the pro�isions of this Ass�gnment.
<br /> Go�erning Law. This Assignment will be go�erned by federal law applicable tv Lender and, ta the extent not
<br /> preempted by federal law, the �aws vf the State of Nebraska without regard to its cvnfli�#s af law pro�isions. This
<br /> Assignment has heen accepted by Lender in the State of Nehraska.
<br /> Choice vf Venue. �f there is a lawsuit, Grantar agre�s upon Lender's request to submit to th� jurisdEction of the
<br /> ��urts of Hall Caunty, 5tat� af Nebraska.
<br /> Jaint and Se��ral Liabiiity. All obligations ❑f Borrawer and Gran�or under this Assignment shalE be joint and
<br /> se�eral, and af� references to Grantor shall mean each and e�ery Grantor, and all references t� Borrower shafl mean
<br /> each and e�ery Barrvwer. Th�s means that each Grantar signing below is responsibie far a!I ❑�ligati�ns in th�s
<br /> Assignment. Whe�e any ❑ne or more ❑f the parties is a carparation, partne�ship, fimited liability company❑r simiiar
<br /> entity, it is not necessary fo� Lender to inquire into th� p�wers af any of the officers, dire�tors, partners, members,
<br /> ❑r other agents acting or purpartin� to a�t ❑n the entity's behaff, and any ❑hligations made ❑r created in reliance
<br /> upvn the professed exercise ❑f such pow�rs shall be guaranteed under this Assignment.
<br /> Merger. There shafl be na merger of the interest or estate created by this Ass�gnment with any ather interest ar
<br /> estate in th� Prflperty at any tim� held by ar fvr the benef�t �f Lender in any capacity, without the written consent
<br /> of Lende�.
<br /> Interpretation. {17 In all cases where th�re is more than ❑ne Barrawer or G rantor, then all words used in this
<br /> Assignmen� in the singular shall be deemed to ha�e heen used in the piural where �he c�ntext and construction sa
<br /> require. {2� If mare than one persan signs this Assignment as "Grantor," the obfigations of each Grantor are joint
<br /> and se�era�. This means that i� Lender brings a lawsuit, Lender may sue any one ar more of the Grantors. If
<br /> Borr�wer and Grantor are not the same person, Lender need not sue Borrower first, and that Borrower need not be
<br /> joined in any lawsuit. �3y The names gi��n t❑ paragfaphs ❑r sections in this Assignment are far con�enience
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