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2� 17�27� 1
<br /> A55lGNMENT �F RENTS
<br /> Loan No; 1�13�4145 �Continued� Page 4
<br /> Lender in respanse to Lender's demand shali satisfiy the ❑bligations for which the payments are made, whether or
<br /> not any proper graunds far the demand existed. Lender may exercise its rights under this subparagraph either in
<br /> person, by ag�nt, or through a rec�i�er.
<br /> �ther Remedies. Lender shall ha�e all ❑ther r�ghts and remedi�s prv�ided in this Assignment or the N�te �� by
<br /> iaw.
<br /> Election of Remedies. Election by Lender to pursu� any remedy shall not exclude pursuit of any other rernedy, and
<br /> an election to make expenditures ❑r to take actian to perform an abligation af Grantor under this Assignrnent, after
<br /> Grantor's failure to perform, shalf nQt aftect Lender's right t❑ declare a defauft and exerctse its remedies.
<br /> Attorneys' Fees: Expenses. if Lender institufies any suit or aGtion to enfor�e any af the terms of this Assignment,
<br /> Lender shall be entitled t❑ reca�er such sum as the �our� may adjudge reasonabfe as att�rneys' fees at trial and
<br /> upon any appeal. Whether ❑r not any court action is in�ol�ed, and to the extent not prahibited by law, ail
<br /> reasonabie expenses L�nder incurs that in Lender's apini�n are necessary at any time far the protectian of its
<br /> interest r�r the enfar�ement of its rights shall be�vme a part of�he Indebtedness payable on demand and shall bear
<br /> interest at the Nate rate from the date o�the exp�nditure until repaid. Expenses cavered by this paragraph includ�,
<br /> without limitation, howe�er subject t❑ any lEmits under applicable law, Lender's attorneys' fees and Lender's legal
<br /> expenses, whether ❑r n�� �here is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br /> �includ�ng effo�-ts to modi�y ❑r�acate any automatic stay ar injunc�ion�, appeals, and any anticipated post-judgment
<br /> collection ser�ices, the cost of sear�hing records, obtaining title reports t+ncluding fore�losure repor�s}, sur�eyors'
<br /> reports, and appraisai fees, title in�urance, and fees far the Trustee, t❑ the extent permitted by applicable faw.
<br /> Grantor alsa will pay any caurt costs, in additivn to all other sums pro�ided by �aw.
<br /> MISCELLANEQUS PR�VISt�NS. The following miscelianeaus pro�isians are a part❑f this Assignment:
<br /> Amendment�. This Ass�gnm�nt, together with any Related Documents, const�tutes the entEr� understanding and
<br /> agreement o� the parties as ta the matters set torth in this Assignment. Na aiteration ❑f or amendment to this
<br /> Assignment shall be effecti�e unless gi�en in writing and signed E�y the party ❑r parties sought t❑ be charged flr
<br /> �ound by the alt�ration or amendment.
<br /> Caption Headings. Caption headings in thts Assignment are for con��n�en�e purp�ses only and are not to �e used
<br /> ta interpret❑r define the pro�isinns �f this Assignment.
<br /> Go�erning Law. `�his Assignment will be governed !ay federal law applicable to Lender and, to the exten# nvt
<br /> preempted by federal law, the Iaws of the S#ate vf Nebraska withvut regard tv its confl�cts �f law provisivns. This
<br /> Assignment has been accepted by Lender in the State of Nebraska.
<br /> Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit ta the jurisdictian of th�
<br /> courts of Hall County, State of Nebraska.
<br /> Joint and Se►rera! Liab��ity. All ob��gations ❑fi Grantor under this Assignment shail be jaint and se�eral, and all
<br /> references t❑ Grantor shall mean each and e�ery Grantor. This means that ea�h Grantor signing helow is
<br /> r�spansi�le for all obligations in this Assignmen�.
<br /> Merger. There shall be n❑ merger af the interest ❑r esta�e created �y this Assignment with any other interest ar
<br /> estate in the Property at any time held by or for the benefit ❑f Lender in any capacity, withaut the written consent
<br /> of Lender.
<br /> Interpretation. �1 y fn all cases wh�re �here is more than one Borrawer �r Grantor, then ali words used in this
<br /> Assignment in the singuEar shaii be deemed to ha�e been used in the plural where the cantext and const�uction so
<br /> require. (�7 If more than one persan signs this Assignment as "Grantar," the ❑bligativns ❑f each Grantor are �aEnt
<br /> and se�eral. This means that if Lender brings a lawsuit, Lender may sue any ❑ne or more ❑f the Crantors. lf
<br /> E3orrower and Grantor are nat the same person, Lender need not su� E3orrower first, and that Borrawer need not be
<br /> joined in any lawsuit. �3� The names gi�en ta paragraphs or sections in this Assignment are for ca��enience
<br /> purposes anly. They are not ta be used to interpret or define the pro�isions of this Assignment.
<br /> No Waiver by Lender. Lender shall not be deemed to ha�e wai�ed any rights under this Assignment ur�fess such
<br /> wai�er is gi�en in wri�ing and signed �y Lender. No delay ❑r omission on the part o# Lende� in exercising any right
<br /> shall ❑perate as a wai�er of such right or any ❑ther right. A wai�er by Lender of a pro�isian �f this Assignment
<br /> shall not prejudice ar constitute a wa��er o� Lender's ri�ht otherwise t� demand strict campliance w�th that
<br /> pro�is�on ❑r any othsr pr��ision ❑f this Assignment. No prior wai�er by Lender, nor any course ❑f dealing between
<br /> Lender and Grantor, shall �onsti#ute a wai�er of any af Lender's rights ar of any ❑f Grantor's o�iigations as to any
<br /> tuture transactians. Whene�er �he consent ❑f Lender is required under this Assignment, the granting of such
<br /> cansent by Lender in any instance shall not constitute continuing consent to subs�quent instances where �uch
<br /> cansent is required and in all cases such consent may be granted ❑r withheld in the sole discretion ❑f Lender.
<br /> Notices. Any notice required to b� gi�en under this Assigr�ment shall be gi�en in writing, and shall be effecti�e
<br /> when actually deli�ered, when actually rec�i�ed by telefacsimile �unless otherwise required �y law�, when
<br /> deposited with a nationaliy recognized o�ernight courier, or, if maifed, when deposit�d in the United 5tat�s maii, as
<br /> first c�ass, certi�ied or r�gistered mail pastage prepaid, directed ta the addresses shawn near the beginning ❑� this
<br /> Assignment. Any party may change its address for natices under this Assignment by gi�ing formal written notice
<br /> to the other parties, specifying that the purpflse of the natice is to change the party's address. For n�tice
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