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2� 17�2328 ASSIGNIVIENT �F RENTS Loan Nv: ��3�382'1 �Continued� Page � THIS ASSIGNMENT IS GIVEN T� SECURE �'i� PAYMENT QF THE INDEBTEDNESS AND �� PERFQ�MANCE �F ANY AND ALL aBLIGATi4NS aF BDRR�WER AND GRANT�R UNDER THE N�TE, THIS ASSIGNMENT, AND THE RELATED D�CUMENTS. TH�S A551GNMENT 15 GIVEN AN❑ACCEPTED C]N THE FaLL�WING TERMS: GRANT�R'S WAlVERS. Grantar wai�es all r�ights or defenses arising by reason ❑f any "one action" ar "an�i-defi�iency" law, ❑r any ather !aw which may pre�ent Lender fram hringing any a�tion against Grantor, including a claim far defici�ncy ta the extent Lender is ❑therwis� entitled to a claim for deficiency, before or after Lender's commencement or completion of any �oreclasur� acti�n, either judiciafly or by exer�ise of a power af sa�e. B�R��WER'S WAIVERS AND RESP�N51BILfTIES. Lender need not tell Borrower about any action or inact�on Lend�r takes in canne�tion with th�s Assignment. B�rrower assum�s the responsib�fity for being and keeping informed about the Praperty. Barrower wai�es any d�fenses that may arise because �f any action or inaction ❑f Lender, in�fuding withvut limitatian any faiiure of Lender ta reali�e upon the Property, ❑r any de�ay by Lender in reaii�ing upon the Pr�perty. 6vrrower agrees ta remain lia�le under the Nate with Lender no matter what actian Lender tak�s ar �aiis to take under this Assignment. PAYNlENT AND PERFQRMANGE. Except as otherwise provided in this Ass�gnment ❑r any Related Documents, Grantor shall pay to Lender all amvunts secured by this Assignment as they become due, and shalk strictfy perform a�l �f Grantor's abligations under this Assignment. Unless and until Lender exer�ises its rEght to c��lect the Rents as pro�ided be�ow and so long as �here is no default under this Assignment, Grantor may remain in possession and cantroF af and operate and manage the Property and callect the Rents, pro�ided that the granting of tihe right ta cal�ect the Rents shall not constitute Lender's cansent t❑the us� of cash �aliateral in a bankruptcy praceeding. GRANTQR'S REPRESENTATI�NS AN❑ V1IARRANTIES. Grantar warrants �hat: flwnership. Grantor is entEtled to recei�e the Rents tree and clear of al[ rights, loans, liens, encumbranGes, and C�aims except as dis�losed to and accepted by Lender in writing. Right to Assign. Grantor has the �ull right, pawer and autharity to enter inta this Assignment and t❑ assign and can�ey the R�nts tv Lender. Nv Priar Assignment. Grant�r has n�t pre�iously assigned ar G�n�eyed the Rents t❑ any ❑ther persfln by any instrument n�w in force. No Fur#her Transfer. Grantor wili not sell, assign, encumber, ar otherwise dispvse of any of C�ant�r's rEghts in the Rents ex�ept as pro�ided in this Assignment. LENDER'S R1GHT T� RECEIVE AND C�LLECT RENTS. Lend�r Shal! ha�e the right at any time, and e�en though no default shall ha�e occurred under this Assignment, to coilect and recei�� the F�ents. Far this pu�p�se, Lender is hereby gi�en and granted the follawing rights, powers and autharity: Notice to Tenants. Lend�r may send natic�s ta any and al� tenants ❑t the Pr�p�rty ad�ising them ❑f this Assignment and directing all �ents to be paid di�ectly to Lender or Lender's agent. En#er the Praperty. Lender may enter upon and take passession of the Praperty; demand, colEe�t and re�ei�e from the tenants ar from any other persbns liable �herefor, a!I af the Rents; institute and carry on all legal pra�eedings necessary far the pra�ectian of the Property, inciuding su�h proceedings as may be necessary to reco�er p�ssession of the Property; co�lect the Rents and remove any tenant ar tenants or Qther persons from the Property. IVlain#ain the Property. Lender may enter upon the Prop�rty to mafn#ain the Praperty and keep the same in repair; to pay the costs thereof and of all ser�ices of aEi �mpEoyees, incfuding their equipment, and o# aff continuing CCl5t5 and expenses of mainta�ning the Property in proper repair and condition, and also to pay all taxes, assessments and water utilities, and th� premiums on fire and ❑ther insurance effected by Lender an the Property. Complian�e with Laws. Lender may da any and a!! things t❑ exe�ute and comp�y with �he laws of the State o� Nebraska and also ail ather laws, ruies, arders, ardinan�es and requirements of a11 other gv�ernmental agen�ies af�ecting the Property. L�ase the Proper#y. Lender may rent ar lease the whale or any part ❑f th� Praperty for such term or terms and ❑n such conditions as Lender may deem appropriate. Employ Agents. Lender may engage such agent or agents as Lender may deem appr�priate, either in Lender's nam� ar in Grantor's name, to rent and manage the Property, in�luding the coll�ction and applicativn of Rents. 4ther Acts. Lender may do all such other things and ac�s with respect to th� Property as Lender may deem appropriate and may aCt exclusi�ely and sole�y in the place and stead ❑f G rant�r and t� ha�e all af �he powers of Grantor for the purposes stated abo�e. No Requirement to Act. Lender shall nat be required to do any of th� foregoing acts ❑r things, and the fact that Lender shall ha�e perfo�med flne or more of the fvregoing acts or things shall not require Lender to do any ❑ther specific act❑r thing. APPLICATIQN �F RENTS. All costs and expenses �ncurred by Lender in connection with the Prape�ty shal� be fa� ��antor's account and Lender may pay such costs and expenses fram the Rents. Lender, in its sole discretion, shall determine the appfication of any and afl Rents recei�ed by it; howe��r, any su�h Rents �e�ei�ed by Lender which are not applied to such costs and expenses shail be appfied ta the Indebt�dness. All expenditures made by L�nder under