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2� 17�27� 1 ASSfGNMEIVT �F F�ENTS L�an No: ��3�4745 {Continued} Page 2 AND ALL aBLIGATiDNS �F GRANT�R UNI]ER THE N�TE. THIS ASSiGNMENT, AND THE RELATE❑ D��UMENTS, THIS ASSIGNMENT IS GIVEN AND A�GEPTE❑ �N THE F�LL�WIN� TERMS: PAYMENT AND PERFQRMANCE. Exc�pt as otherwis� pro�ided in this Assignment ar any Related Documents, Grantar shall pay to Lender all amounts se�ured by this Assignment as they become due, and shali strictly perform a!I af Grantor's abliga�i�ns under this Assignment. lJnless and until Lender�x�rcises its right to collect the Rents �s pro�ided befow and so long as there is na detault under this Assignment, Grantor may remain in possessinn and contral ❑f and aperate and manage the Praperty and collect the Rents, pror�ided that�he granting of the right to callect the R�nts shall nat canstitute Lender's consent to the use of cash collateral in a bankruptcy proceeding. GRANT�R'S REPRESENTATt�NS AND WARRANTIES. �rantor warrants that: �wnership. Grantor is entitled t❑ recei�� the Rents free and clear ot all rights, loans, liens, en�umbr�nces, and ciaims except as disclosed t❑ and acc�pted by Lender in writing. Right to Assign. Grantor has the full rEght, power and authority to enter int❑ this Assignment and to assign and con�ey the Rents �o Lender. No Priar Assignment. Grantor has no� pre�iausly assigned or con�eyed the Rents t❑ any other persan by any instrument n�w in farce. No Further Transfer. Grantor wilE not sell, assign, en�umber, or otherwise dispase of any of Grantar's rights in the Rents except as pro�ided in this Assignment. LENDER'S RICHT TD RECEIVE AND CDLLECT RENTS. Lender shall ha�e the right at any time, and e�en though n� defauit shali ha�e accurred under this Assignment, ta collect and recei�e �he Rents. For this purpose, Lender is hereby given and granted the following rights, powers and authority: Notice to Tenants. Lender may �end notices t❑ any and all tenants of the Pr�perty ad�ising them ❑f this Assignment and directing al� Rents t❑ be paid directiy t❑ Lender❑r Lender's agent. Enter the Property. Lender may enter upon and take possessian of the Praperty; demand, �ollect and recei�e fram the tenants or from any other persons liable therefor, all af the Rents; institute and carry on ail iegal praceedings necessary for the pratection of �he Praperty, including such proceedings as may be necessary �o reco�er possession of the Praperty; collect the Rents and remo�e any tenant or tenants or other persons from the Property. Maintain the Prvperty. Lender may �nter upon the Property to maintain th� Property and keep the same in repair; ta pay the costs thereof and ❑f ali ser�ices of all emp�oyees, including their equipment, and of all c�ntinuing c�sts and expenses of maintaining the Property in praper repair and condition, and ais❑ ta pay a�l taxes, assessments and water utilities, and the premiums on fire and ather insuran�e effected �y Lender ❑n th� Property. Campliance wi#h Laws. Lender may do any and all things to execute and �omply with the Eaws ❑f �he 5tate ❑f Nebraska and afsa a�� other laws, rules, arders, ordinances and requirements of all other go�ernmentaf a�encies affecting the Property. Lease #he Prvperty. Lender may rent ❑r �ease the whale or any part of the Property far such term ❑r terms and on such conditions as Lender may deem appropriate. Emplvy Agents. Lender may engage such agent ar agents as Lender may deem approp�iate, either �n Lend�r's name or En Grantor's name, t❑ rent and manage the Property, including the �ollectian and appli�atian ❑f Rents. �ther Acts. Lender may do all su�h other things and acts with respe�t to the Pr�perty as Lender r�nay deem appropriate and may act excfusi�ely and solely in the plac� and stead of Crantor and to ha�e all af the pawers of Grantor far the purposes stated aho�e. No Requirement #o A�t. Lender shal! n�t be required ta d❑ any of the faregoing acts or things, and the fact that Lender shal� ha�e pertormed one �r mare af the foregaing acts ❑r things shall not require Lender to da any �ther specific act or th�ng. APPLICATIDN �F RENTS. All costs and �xpenses incurred by Lender in cannecti�n wi�h the Property shal! be for Grantor's account and Lend�r may pay such casts and expenses frvm the Rents. Lender, in its sole discre�ion, shall det�rm�ne the application of any and all Rents recei�ed �y it; howe�er, any such Rents recei�ed by Lend�r which are nflt appli�d tv su�h �osts and expens�s shaf[ be applied t❑ the Indebtedness. All expenditures made by Lender unde� this Assignment and not reimburs�d from the Rents sha�f become a par�t of the Ind�btedness secured hy this Assignment, and shall be payable an demand, wifh interest at the Note rate �rom date of expendEtur� un�il paid. FULL PERF�RMANCE. If Grantor pays aff ❑f the indeb��dness when due and otherwise pe�forms ail the abligations imposed upon Grantor under this Assignment, the Note, and the Related Documents, Lender shall exe�ute and d�li�er to Grantor a suitable satisfaction of this Assignment and suitable statements af terminatian ofi any financing statement an file e�idencing Lender's security interest in the Rents and the Prap�rty. Any termination fee required by law shaEl be paid by Grantor, if permitted by applicable law. LENDER'S E?CPENDITURES. If any actian �r proceeding is commenced that would materially affect Lend�r's interest in the Property or i#Grantar fails ta Gomply with any pro�isian of this Assignment�r any Related Documents, including but not limited ta Grantor's failure to dis�harge ❑r pay when due any amounts Grantor is r�quired to discharge or pay under this Assignment ar any Refa�ed �ocuments, Lender on Grantor's b�half may �but sha�l not be obligat�d to� take any