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201702703
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Last modified
7/28/2017 3:41:34 PM
Creation date
4/27/2017 8:54:43 AM
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DEEDS
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201702703
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2� 17�27�3 <br /> AS�IGNMENT �F �ENTS <br /> Lo�n Nv: ��1��4�1� {�ontinued� Page 2 <br /> AND ALL �BLIGATIDNS DF �RANT4R UNDER THE NaTE. THIS A�5IGNMENT, AND THE RELATED DQCIJMENTS. <br /> THIS ASSI�NMENT IS �IVEN ANQ ACCERTED �N THE FDLL�3WING TERMS: <br /> �AYMEN�"AND PERFORMANCE. Except as a�herwise pro�ided in this A��ignmen� or any Related Dncuments, GrantQr <br /> shall pay to Lend�r all amounts secured by this A�signm�nt as they k���ame due, and shall strictly perfcarm alf of <br /> Grant�r's Qbligatians under this Assignment. Unless and until Lender exer�ises its right tv cailect the Rents as p�a�ided <br /> below and �n long �s there is n❑ default under this Assignrn�nt, Grantor may remain in posses�ian and cvntral o� and <br /> Qperate and man�ge #he Prc�perty and �allec# the Rents, pro�ided that the granting o�the ri�ht to calle�t the Rents shall <br /> not constitute Lender's consent to the use af cash Gvllateraf in a bankruptcy proceeding. <br /> GRANT�R'S REPR�SENTATl�7NS AND VIdARRANTIES. G�antor warrants that: <br /> Qwnership. Grantar is entitled ta recei�e the Rents free and clear of a!I rights, loans, �iens, encumbr�n�es, and <br /> ��aims except as disclosed t� �nd a�cepted �y L�nder in writing. <br /> Right t❑ Assign. Grantor has th� �ull right, pvwer and autharity to enter into �his Ass�gnment and to ass�ign and <br /> can��y the R�nts to Lender. <br /> Nv Prior Assignment. Grantar has nvt pre�iously assigned or can�eyed the Rents to any ❑ther person by any <br /> instrument now in f�rce. <br /> Nv Further Transfer. Grantor will nat se��, assign, encumb�r, �r otherwise dispose a� any ❑f Gr�ntor's rights in the <br /> R�nts�xc�pt as pra�ided in this Assignment. <br /> LENDER'S R1GHT TD RE�EiVE AND CDLLECT RENTS. Lender shall ha�� th� right at any time, and e�en thaugh na <br /> default shall ha�e ❑ccurred under this Assignment, to �ollect and recei�e the Rent�. For this purpvse, Lende� is hereby <br /> gi�en and granted the following rights, powers and authority: <br /> Nvtice ta Tenants. L�nder may send nvti�es ta any and a!I tenants ofi the Praperty ad�ising them r�� this <br /> Assignment and directing all F�ents ta be paid direG�ly t� Lender❑r Lender's a�ent. <br /> Enter the Prvp��rty. Lender may �nter up�n and �ak� possessi�n vf the Praperty; ciemand, �flllect and re�ei�e frvm <br /> the tenants vr frvm any vth�r �rer�ans liable there��ar, al� of the Rents; institut� and carry ❑n all legal proc�edings <br /> necessary for the pr�te�tion vf th� Property, includin� such proceedings as may be n�C�Ssary ta rec��er <br /> possession af the Praperty; coliect the Rents and remo�e any tenant ar tenants or nther persons from the Praperty. <br /> Maintain the Praperty. Lender may enter upon the Praperty ta maintain the Praperty and keep th� same in repai�; <br /> tv pay the �vsts th�revf and af �I� ser�i�es af al� ernployees, incfuding their equipm�nt, and of ali �vntinuing cvsts <br /> and expenses of maintaining the Property in pr�per repair and ��ndition, and also to pay all taxes, assessm�nts and <br /> water utilities, and the pr�miums vn fire and ather insurance effected by Lender Qn the Prtaperty. <br /> Cvmpi`rance with Laws. Lender may dca any and all thinc�s ta exe�u�e and Comply with the iaws o� the 5tate a� <br /> Nebraska and also a�� other laws, rufes, orders, ardinances and r�quir�ments of a�! other go�et�nmen�al agencies <br /> atfe�ting the Prvperty. <br /> Leas�the Prap�rty. Lender may rent or leas� the vr�hofe �r �ny part of the P�aper�y for such term or terms and on <br /> such �onditions as L�nder rnay deem appropriate. <br /> Emplay Agents. l�end�r may engage such agent ❑r agents as Lender may de�m apprQpriate, either in Lender's <br /> name❑r in Grantar's nam�, ta rent and manage the Prflperty, includinc� �he collec�ion and applicatir�n of Rents. <br /> Qther Ac#s. Lender may do all such ❑ther things and acts �rvith respect t❑ the Proper-ty as Lender may d�em <br /> appropriate and may act exclusi�e�y and sof�ty in the plac� and st�ad of Grantor and ta ha�e all vf the pawers of <br /> Grantvr for the purposes stated aba�e. <br /> No R�quirement to A�t. Lender shall nvt be require� to do any �f the foregaing acts ar things, and the fact that <br /> Lender shall ha�e perfvrmed ane ar rnare of the foregving acts ar things shali not require Lender to dv any ❑ther <br /> speG�t�c act vr thing. <br /> APPLiCATI�N �F RENTS. A�4 costs and �acpenses incurred by Lender in conn�ctivn wi�h the Praperty sh�l1 be far <br /> �rantvr's a�caunt and Lender may pay such C�5�5 and expenses from the ftents. Lender, in its sole discretian, shali <br /> det�rmin� the applica�ion of any and all Rents recei��d by it; hawe�er, any such R�n�s recei�ed by Lender which are <br /> nat �pplied t� such cvsts and expenses shall be app�ied to the Indebtedness. AII eacpenditures made by Lender under <br /> this Assignment and nat reimbursed fram the Rents shaii hecome a �art of the lnde�tedness secured hy this <br /> Assignrnent, and shall be Rayable�n demand, with interest at the Not� rate fram date❑f expenditure untii paid. <br /> FULL PERF�R1VlANCE. If Grantor pays all af the Indebtedness when du� and ❑therwise performs all the ❑hfigations <br /> impased upon Grantor under this Assignment, the Note, and the f�elated Documents, Lender shall execute and deli�er to <br /> �rar�tor a suitab�e satisfaction nf this Assignment and suitable statements vf termination �f any f+nancing statem�nt �n <br /> file e�idencing Lend�r's se�uri�y int�r��t in the F�ents and the Praperty. Any termination f�e required by law Shall he <br /> paid by Grantor, it�ermitted by ap�iicable law. <br /> LENDER'S E�CPENDITURES. If any action ar Rra�eeding �s cammen�ed that wauld materially af�ect L�nder's interest in <br /> the Property ar if Grantor fails�o Gomply with any pr��ision of this Assignment or any Related C3acuments, in��uding but <br /> not limited to Grantor's tailure to d�s�harg� �r pay when due any amounts Grantor i� requir�d to dis�h�rge ar pay under <br /> this Assignment or any Re�at�d D��uments, Lender �n �rantar's hehalf may {but �hall not be obligated ta� take any <br />
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