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2� 17�2�94
<br /> ASSIGNMENT �F RENTS
<br /> Lvan No: 'I�"i 3�3834 �C�ntin ued� Page 4
<br /> Lender in response to Lender's d�mand shall satisfy the ❑bligations f�r wh��h the payments are made, whether vr
<br /> not any proper grounds for the demand existed. Lender may exercise its rights under th�s subparagraph either in
<br /> persan, hy ager�t, or through a re�ei�er.
<br /> Dther Remedies. Lender shall ha�� all other rights and remedies pro�ided in this Assignment ar the hlate ar by
<br /> law.
<br /> Election of Remedies. Electian by Lender ta pursu� any remedy shall not exclude pursuit o� any other remedy, and
<br /> an election t❑ make expenditur�s or to take action to perform an obligat�vn of Grantor under this Assignment, after
<br /> Grantor's fa��ure t❑ perform, sha�� nat affect L�nder's right t� declare a default and exercise its remedies.
<br /> Attvrneys` Fees: Expenses. If Lender institutes any suit or action to enfarce any vf the terms of this Assignment,
<br /> Lender shall be entitled tn recfl�er su�h sum as the court may adjudge reasanable as attorneys' �ees at �rial and
<br /> upon any appeal. Whether ❑r not any court action is in�al�ed, and to the ext�nt nat prahi�ited by iaw, all
<br /> reasonable expenses Lender incurs that in Lender's apinian are necessary at any time fvr the protection af its
<br /> interest or the enf�rcement ot its rights shall �ecame a part of the Indebtedness payable vn demand and shall �ear
<br /> interest at the Nvt� rate frvm the date v�the �xpenditure until repaid. Expenses cv�ered by�his paragraph include,
<br /> withvut limitativn, howe�er subject to any limits und�r applicab[e law, Lender's attvrneys' fees and Lender's legal
<br /> expenses, whether a� not there is a lawsuit, including attarneys' fees and expenses �or bankruptcy pro�eedings
<br /> ��nc�uding effarts t❑ modify or �acate any automati� s#ay or injunctiany, appeals, and any anticipated p�st-judgment
<br /> �all�ction ser�ices, the cos� vf searching records, ❑btaining title reports �including fareclosure reports�, sur�eyars'
<br /> reports, and app�a�sal fees, title insuranGe, and fees for the Trustee, to the extent p�rmitted by applicable law.
<br /> Grantar a�s� will pay any �ourt�asts, in addition to all vther sums pr��ided by law.
<br /> MISCELLANE�US PR�V15f�NS. The �aliowing miscelianeous prv�isivns are a part of this Assignment:
<br /> Amendments. This Assignment, t�g�ther with any Related Documents, constitutes the ent�re understanding and
<br /> agreement �f the parties as to the matters se� farth in this Assignment. No alteration ❑f or amendment to this
<br /> Assignment sha�� be ef�ecti�e unless gi�en in writing and signed by the party �r parties sought ta be charged or
<br /> bound by the alterativn or amendment.
<br /> Captifln Headings. Caption h�adings in this Assignmsnt are far can�enience purposes only and are n�t to �e used
<br /> �o interpret or d�fine the pro�isi�ns �f this Assignment.
<br /> �a�erning Law. This Assignment will be go�erned by �ederal [aw applicable ta Lender and, t❑ the extent nvt
<br /> preempted by fed�ral law, the laws of the 5tate at Nebraska withou# regard tv its �onflicts of faw pro�isians. This
<br /> Assignment has heen accepted by Lender in the State of Nebraska.
<br /> Chaice of Venus. If there is a lawsuit, Grantor agrees upan Lender's request ta submit to the jurisdictian ❑f the
<br /> courts af Ha�! Gounty, State�� Nebraska.
<br /> Jaint and Se�eral Liabitity. All �b�igatians of Grantar under this Assignment shall he jaint and se�eral, and all
<br /> references tv Grantvr shal! mean ea�h and e�ery Grantor. This means that sach �rantor signing belaw is
<br /> responsibie far all abligativns in this Assignment.
<br /> M�rger. There shall be no merg�r vf the interest ar estate created by this Assignment with any other interest or
<br /> estate in the Prop�rty at any time held by or for th� b�netit of Lender in any capacity, without #he written cons�nt
<br /> o� Lsnder.
<br /> fnterpretation. �'I y ln all cas�s where there is m�re than one Barr�wer flr Gran��r, then all wards usecf in �his
<br /> Ass�gnment in the singuiar shall he deemed to ha�e heen used in the plural where the ��ntext and canstru�tian so
<br /> require. �2y If mvre than one persan signs this Assignm�nt as "Grant�r," the ❑bligations ❑f each Grant�r are jaint
<br /> and se�eral. This means that if Lender brings a lawsuit, Lender may sue any one ar mvre ❑f the Grantors. �f
<br /> 6orrows� and Grantor a�e not th� same person, Lender need nvC sue Borrower first, and that Borrower need r��t he
<br /> joined in any lawsuit. �3� The names gi�en t� paragraphs or sectians in this Assignment are for con�enience
<br /> purpases anly. Th�y are nat to be used t❑ interpret or define the p�o�isions of this Assfgnment.
<br /> Nv Wai�er by Lender. Lender shall not be deemed to ha�e wai�ed any rights under this Assignment unless such
<br /> waiver is gi�en in writing and signed by L�nder. N❑ delay or omissi�n on the part ❑f L�nder in exercising any right
<br /> shall operate as a wai�er of such right vr any other righ#. A wai�er by Lender b# a pra�+sion vf this Assignment
<br /> shall n�t prejudice or c�nstitute a wai�er of Lender's right atherw�se to demand str�ct compiian�e w�th that
<br /> pra�ision or any oth�r pro�isian of this Assignment. No prior wai��r by L�nder, nor any �ourse af dealing between
<br /> Lender and Grantar, shall canstitute a wai�er of any of Lender's r�ghts or ❑f any of Granfior's obiiga�i�ns as to any
<br /> future transact�ons. Vllhen��er the consent of Lender is required under th�s Assignment, the granting of such
<br /> consent by Lender in any instance shall not constitute continuing consent to subse�uen� instances where such
<br /> cansent is required and in all cases such cans�nt may be granted ar withh�ld in the sole d+scr�tion a� Lender.
<br /> Nvt�ces. Any nv�ice required t❑ be gi�en under this Assignment shali he gi�en in wri�ing, and sh�ll he e�fecti�e
<br /> when actually deli��red, when actually recei�ed by te�efacsimile �un�ess ath�rwise required by law�, when
<br /> deposit�d with a natfonally recognized o�ernight courier, or, if�-nailed, when deposited in the United Stat�s rr�ail, as
<br /> first ciass, cer�ifi�d vr registered mail postage prepaid, direct�d t❑ the address�s shown near the heginning �t this
<br /> Assignment. Any party may change its address �or notices under this Assignment by gi�ing farmal written notice
<br /> ta the other parties, sp�c+tying that the purpase af the nati�e is to change the party's address. Far notice
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