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2� 17�2354 ASSIGNMENT �F RENTS Loan No: 'I Q�3�4�3'i {C�nt�r�u�d� Page 5 bound by the a�tera�ian ar amendmen�t. Cap�ion Headings, Cap�ion headings in fhis Assignmen�are for �on�enience purposes only and are no�t❑ be used �o interpre�or define�he pravisfons of fihis Assignment, Gvverning Law. Th�s Assignment will bs go�erned by #ederal law applicable t❑ Lender and, to the extent nv� preempted by�edera[ law,th� laws of the 5tate o�Nehraska wi�hout regard to its �onfiicts o�law provisEvns. This Assignmen#has been acCep�ed by Lender in the S�a�e af Nebraska. Choice of Venue. If there is a lawsu�t, Gran�or agrees up�n Lender's reques� to submit t� the jurisdi�tian o�the cvurts ❑�Hall Cvunty, State vf Nebraska. Join� and Severaf Liahili�y. A�1 flb�igatians ofi Borrower and Grantor under �his Ass�gnment shall be jvint and se�eral, and al� refierences�o Grantor shal� mean each and e�ery�rantor, and all references�o Bor�ower shall mean each and every Borrower. This means �hat each Grantor signing i�elovu is responsible for all obligat�ons in thss Assignmen�. Where any one ar mvre❑��he parties is a corp�ration, par�nership, limited liability campany❑r simifar entity, it is not necessary for Lend�r ta inquire intv the pawers of any of the vffEcers, direc�ors, partners, members, ❑r ❑�her agen�s acting ar purpvrting to act ❑n the en�ity's behalf, and any obligations made ❑r created in reliance upon the pro�essed �xe�-cise o�such powers shall be guaranteed under thts Assignment. Merger. Th�re shall be no merger af the in�erest �r estate created by �his Assignment wi�h any v�her �nterest a� estate �n the Proper�y at any�ime held by or fior�he bene��t ofi Lender in any capacity, wi�hvut the written cansent o�Lender. �nterpre#ation. �1} ln al[ cases where there is ma�e than ane 6orrower vr Gran�or, �hen all words used in this Assignment in the singular sha�� be deemed �o ha�e been used in the plural where the can�ext and construction so require. �2} If more�han ❑ne person signs this Assignment as "Gran�ar," �he obligativns af each Gran�or are�oint and se�eral. This means �hat if Lender brings a lawsuit, Lender may sue any one or mvre of the Grantors, If Bvrrvwer and Gran�or are na�the same person, Lender need n�t sue Borrower first, and that Borrawer need nvt be joined in any �awsuit. �3� The names gi�en t❑ paragraphs ❑r sec�ions in this Assignment are fiar c�n�enience purposes only. They are not t❑ be used ta interpret❑r define the pr��isians ❑f this Assignment. Nv Wa'r�er by Lende�. Lender shall not be d�emed to haWe wafved any rights under�his Assignment unl�ss such wai�er is gi�en in writing and signed by Lender. Na delay or omission vn the par��Lender in exercising any �ight shall aperate as a wai�er o� su�h righ� or any o�her right. A wai�er by Lender o� a pr��isian af this Ass�gnment shall not pre�udice or Gonsti�u�e a wai�er of Lende�`s right otherwise tv demand s�rict cvmpliance wi�h that prv�ision ar any❑ther pro�isian of this Assignment. Nv privr wai�er by Lender, nor any caurse ofi dealing be�ween Lend�r and Grantor, shall cansfiitute a wai�er of any ❑# Lender's ri�hts or n�any ❑�r Grantvr's ❑bligatE�ns as to any �u�ure �ransactivns. Whene�er the cvnsent �f Lender is required under �his Assignmentr the gran�ing o� such cansent by Lend�r in any ins�ance shall not cons�i�ute continuing consent to subsequent Ens�ances where such consent is requ�red and �n all cases such consent may be granted vr withhe�d in�he sole discretion of Lender. No#i�es. Any no�ice requ�red �o be gi�en under this Assignment shal[ be gi�en in writing, and shall be effec�i�e when ac�ually deli�ered, when actually recei�ed by �ete�acsimile {unless otherwise required by lawy, when depasi�ed with a natEvnally recvgnized ❑�ernight�vurier, or, if mailed, when depasi�ed in�the United S�ates mai�, as �irst cEass, certified vr registered mail pos�age prepaid, directed fiv the addresses shown near�he beginning ❑t this Assignment. Any par�y may change its address for nvtices under�his Assignmen� by gi�ing farma� wri�ten notice t� the ather parties, speGifying that �he purpose ❑� �he natice is to change the par�y's address, For notice purposes, Gran�or agrees to keep Lender �n�armed at all times ❑f Grantvr's current address. Unless atherwise pro�ided vr requ�red i�y �aw, i� there is more than one Grantvr, any natice gi�en �y Lender �❑ any Grantor is deemed to be n�tice gi�en to all G�an�ors. Powers o�Attvrney. The �arious agenctes and pvwers a�a��arney conveyed on Lender under this Assignment are granted for purposes of securi�y and may no� be re�oked by Grantor until such time as �he same are renvunced by Lender. Severability. I# a cour� ❑f competent jurisdictivn finds any p�o�ision ❑f this Ass�gnment t❑ be illegaE, in�alid, or unen�orceable as �o any �ircumstance, that findin� shall nvt make �he v�fending pra�;sivn illega�, in�alid, or unen�orceable as to any ❑�her c�rcumstance. It feasible, �h� affending pro��sion shall �e considered modified so �hat �t becomes iegal, �alid and enfarceable. �f the affend€ng provision cannvt i�e so modF�ied, it shall be cans�dered deleted from this Assignment. Uniess atherwise required by law, the iElegality, in�alidity, vr unen�arceabi�i�y of any prv�ision o# �his Assignment sha�� nat affect the legality, validity �r enfarceability ❑f any other provisivn ❑f this Assignment. 5uccessvrs and Assigns. 5ubj�ct to any lim�tations stated in this Assignment❑n transfer vf Grantor's in�er�st, th;s Assignment shall be binding upan and inure to the benefit of �he parties, their SUCCe55�1"5 and assigns, if ownership o�the Prvpe�ty becomes �ested in a person other than Gran�or, Lender, wi�hout notiGe tv Grantor, may deal with Granfior's successvrs wi�h re�erence �t❑ �his Assignm�n� and fihe Indebtedness by way o��arhearance ❑r ex�ension withou�releas�ng Grantvr fram the olaisgativns ❑f this Assignment or liability under�he lndebtedness. T�me is ❑f the �ssence. Time is of the�ssence in�he perfvrmance vf this Assignment. � Vllai�rer of Homestead Exemption. Grantar hereby releases and wai�es all righ�s and benefits ❑f the homestead