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2� 17�2328 ASSi�NMENT �F RENTS Lflan No: 'l413438�7 �Continued} Page � default ►rvithin fifteen �15� days; or �2y if the cure re�uires more than fifteen �15� days, immediately ini�iates steps which Lender deems in Lender's sole discretian to be sufficient to cur� the defauit and thereaft�r con�inu�s and completes ai� ��asonable and neGessary st�ps suffi�ient t❑ produc� compliance as so�n as reasonably practicai. RIGHTS AND RE�IItEQ�ES �N DEFAULT. Upon the occurrence af any E��nt of ❑etau4t and at any time thereafter, Lender may exercis� any vne or more of the foll�wing rights and remedies, in additivn ta any other rights or remedies pro�ided by law: A�celerate Indehtedness. Lender shall ha�e the right a� its aption to declare the entire indebt�dness immediately due and payabler including any prepayment penalty that g�rrower wauld be required t❑ pay. Collect Rents. Lender shall ha�e the right, withaut noiice to Bafrower ❑r Grantor, to take possession af the Property and callect the R�nts, including amvunts past due and unpaid, and apply the net proceeds, a��r and aba�s Lender's costs, against the Indebtedness. In �urtherance of this right, Lender shalR ha�e all the rights pro�ided far fn the Lender's Right to Receive and C�Ilect Rents Sec�ion, abo�e. If �he Rents are colRect�d by Lender, then Grantor irre�ocably designates Lender as Grant�r's attarney-in-fact to endarse instruments recei�ed in payment th�reaf in the name of Grantor and to negotiate the same and �ollect the proc�eds. Payments by tenants or ather users t❑ Lender in respanse to Lender's demand shall satisfy the obligations for which the payments are made, whe�her ar nat any pr�per grounds far the demand existed. Lender may exercise its rights undEr this subparagraph either�n pers�n, by agen�, vr through a recei�er. �ther Rernedies. Lender shail ha�e a�� ❑ther rights and remedies pra�ided in this Assignment �r the Nate or by law. Efection of Remed'+es. Election by Lender to pursue any remedy shall not exclude pursuit of any ather remedy, and an ele�tion to make �xpenditures ❑r to take actian t� perform an obligatian ❑f Grantor under this Assignment, after �rantor's�ailure t❑ perform, shall not affe�t L�nder's right t❑ declare a defauft and exercise its reme�ies. Attorneys' Fees; Expenses. If Lender institut�s any sui# ❑r action to enfor�� any of the terms of th�s Assignment, Lend�r shall be entitled to reco��r such sum as the �aurt may adjudge reasonabl� as attorneys' fees at trial and upan any appeal. Whether �r not any court ac�ion is in�of�ed, and to the extent n�t prohibited by law, all r�asonable exp�ns�s Lender incurs tha� in Lender's opinian are necessary at any tim� for the protection of its interest ar the enfvrcement of i�s righ�s shall became a part of th� Indebtedness payable an demand and shalf bear snterest at th� Note rat�fr�m the date vf the expendstuxe unti� repaid, Expenses co�ered by this pa�agraph include, withaut limitation, howe�er subject to any limits under appEi�able law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a �awsuit, inc�uding attorneys' fees and expenses f�r bankruptcy proceedings �including e�fvrts to mvdify or�acate any automatic stay or injunc�ion�, appeals, and any anticipated post-�udgment callection ser�ices, the �ost af searching recards, obtaining title reports �including fore�losure r�portsy, sur�eyors' reports, and appraisal fees, titl� insurance, and fees for the Trustee, t❑ the extent permitted by appli�able law. Grantor also will pay any court costs, in additian t❑ a!I other sums pro�ided by faw. M15CELLANE�US PR�VlS1DNS. The fol�owing m+scellaneous pro�isions are a part of this Assignment: Amendments. This Assignment, together with any Related Docum�nts, �onstitutes the entire understanding and agreement of the pa�ties as to the matters set forth in this Assignment, No alteration ❑f or amendment t❑ this Assignment shail be effe�ti�e uniess gi�en in writing and sign�d by the party ❑r parties S�U��1� t� be charged ❑r bound by the aiteration or amendment. Captfon Headings. Caption headings in this Assignment are for conuenience purposes vnly and are not t❑ be used t❑ int�rpret or define the pro�isions vf this Assignment. Ga�erning Law. This Assignment will be go�erned by federal law appli�able to Lender and, to th� extent not preempted by federal law, the laws af the State vf N�braska withaut regard to its conflicts of law pra�isions. This Assignment ha� he�n accepted by Lender in the State�f Nebraska. Choice of Venue. If there is a lawsuit, Grantar agrees upan Lender's request t❑ submit ta the jurisdictian of the �ourts of Hall County, State of Nebraska. Jvint and Several Liahility. All ❑bligations ❑f Borrawer and Gran��r under thf5 Assignment shall be j�int and 5eVe1'a�, and all referenc�s to Grantor shall mean each and e�ery Grantar, afl� a�� references t❑ gorrower shal� m�an each and e�ery Barrower. Th�s means that each Grantor signing below is responsible for all abfigatians in this Assignment. Merger. There sha4� be no merger o� the interest ❑r estate created by this Assignment with any other interest ar estate in the Property at any tim� held by or for the benefit ❑f Lender in any capacity, without the written cons�n� ❑f Lender. InterpretatEon. �1 y fn ai1 cases wh�re there is more than one Borrower �r Grantor, then all wards used in this Assignment in th� singuiar shall be deemed to ha�e been used in the plu�al wher� the cantext and construction sa require. �2y If mare than one per�san signs th�s Assignment as "Grantor," the ob�igations of each �rantor are jaint and se�eral, This means that if Len�er br}ngs a lawsuit, Lender may sue any ❑ne a� more �# the Grantors. if Borrower and Grantar are nat the same persan, Lender n��d not sue Borrawer first, and that Barrower need not b� joined in any lawsuit, t37 The names gi�en t❑ paragraphs or se�tions fn this Assignment are for con�enience purposes only. Yhey are not to be us�d t❑ interpret ar define the pra�isions ❑f this Assignment.