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2� 17�27�3
<br /> ASSIGNMENT �F RENTS
<br /> L�an No: 1�13�4'i 1� t���1tRtlUed� Page 4
<br /> Lender in respons� t❑ Lender's demand sha�� s�tisfy the o�ligations for which the payments are made, whether or
<br /> not any prvper grounds f�r the demand existed. Lender may exercise its rights under this subparagraph either in
<br /> pers�n, by agent, or through a receiver.
<br /> ather Remedies. L�nder shall ha�e all oth�r rights and r�med�es pro�ided in this Assignm�nt or the Nv#e vr by
<br /> law.
<br /> Eiection �af Rem�dies. Election hy Lender t� pursue any remedy shall nat ex��ude pursuit caf any flther remedy, and
<br /> an electian to make expenditures ar to take actian to perfarm an�bligatian of Grantvr under this Assignment, after
<br /> Grant�r's failure to perfvrm, shalf not affect Lend�r's right to de��are a de�Fault and ex�r�ise its rern�dies.
<br /> Attorneys' Fees: Exp�nses. !f Lend�r institutes any suit vr activn t❑ enfarce any of the terms af this Assignment,
<br /> Lender shall be entitled tv reco�er such sum as the court may adjudge r�asanabie as att�rn�ys' fiees at trial and
<br /> upon any appeaR, INhether �r not any court action is in�olved, and ta th� ext�nt not prvhibi��d by law, all
<br /> reasvnable exp�nses Lender incurs 'that in Lender's opinic�n are ne�essary ar any �ime for the prate�tion af its
<br /> interest or the en�Forcem�n�of its rights shall became a part �f the Indebtedn�ss payable �n demand and shall bear
<br /> Fnterest at the Note ra�e frarn the date Qf the �ac�enditure unti! repaid. E�cpense� �v�ered hy this para�ra�h in�lude�,
<br /> without limitatian, hawe�er subject t❑ any limits under applicab�e law, Lender's attvrneys' �e�s and Lender's �egal
<br /> expenses, wheth�r or nat �there is a lawsuit, in�luding attorneys' f�es and e�cpenses tor bankruptcy proceedings
<br /> �including effr�r�s t❑ m�dify or�acate any automati� stay or injun�tFon}� appeals, and any an�icipated post-judgment
<br /> collection ser�i�es, the Cost vf searchin� r�cvfds, o��aining title r��orts �inGluding foreGlvsure reparts�, sur��yors'
<br /> repv�ts, and appraisal fees, titl� insuranc�, and f��s f�r the Trustee, to th� extent permitted hy applicahle law.
<br /> Grantor alsa►n►ill pay any�ourt costs, in addition to all other sums pro�id�d by law.
<br /> M�SCELLANE�US PR�VISEQNS. The f�llowing misce�lan�ous �ro�isi�ns ar� a part�f th4s As�ignment:
<br /> Amendments. This ASsignm�nt, tag�ther with any Related Do�uments, Gonsti�utes the entire understanding and
<br /> agre�ment �f the parties as tv the matte�s set fvrth in this Assignm�nt. No a�terativn a� or amendment t❑ this
<br /> As�i�nment �hall be e�fe�ti�e unl�ss gi�en in writinc� and signed by the party or parties saught ta be charged ❑r
<br /> baund ay the alteration �r amendment.
<br /> C�ption He�dings. Caption headings in this Assignment are far ��n�en�ence purposes �nly and are n�i t❑ �e used
<br /> t� interpret or define the pro�isions of this A�ssignm�nt.
<br /> Go�erning Law. ThiS Assignment wiii be gov��n�d by fed�ral law applic�bi� tv Lend�r and, ta the �xtent not
<br /> pre�mpt�d hy�ed�ral iaw, the laws ❑f the Sta#e a��Nebraska wE#hout reg�rd ta its confli��s ❑f!aw p�ro�isions. This
<br /> Assignment has been�Gcepted by Lendsr in th�State nf NeE�raska.
<br /> Chr�ice of V�nu�. If there is a lawsuit, Grantvr a�rees upan Lender's request to submit to the jur�Sdiction af the
<br /> ca�rts�f Hall �aunty, State of Nebraska.
<br /> Joint and Se►►eral Liability. Afi obli�ations �f Grantvr und�r this Assignrn�nt �hall t�e joint and se�eral, �nd all
<br /> r�f�renc�s to Gran�ar shall mean each �nd e�ery Grantor. This means that ea�h �rantor signing �elow is
<br /> respansihle tvr all obligations in this Assi�nment,
<br /> Merger. Th�re shall be nv merger vf the int�rest or �state Greated by this Assignment with any other int�rest or
<br /> es�ate in the Pr�perty at any �ime held by or far th� benefit vf Lender in any capacity, without the written c�nsent
<br /> o�Lender.
<br /> Interpretatian. �1} In ali cases where there is mare than vne �orrQwer or �rantar, then all vir�rds used in this
<br /> ASsignmen� in the singufar shall be deemed ta have be�n used in th� plura� where the context and constructivn s❑
<br /> r�quire. (�} If more �han ane person signs thi�Assignmen� as "Granfior," the ❑bligations ❑f ea�h �rantvr are jaint
<br /> and se�er�f, Th�s m�ans that if Lend�r hrings a lawsuit, Lender may sue any one vr more c�f the Gran�ars. If
<br /> gorrawer and Grantflr are nat the same per�an, Lender need not sue �orrower first, and that Borrt�wer need not be
<br /> ja�nsd in any �a�rvsuit. t3� Th� name� gi�en to paragraphs �r sections in this Assignrn�nt ar� ��r �an�enience
<br /> purposes anly. They are nat�o be used �a inte�pret or de�in�the pro�isions of�his Assignment.
<br /> Nv Vllai►►er by Lender. Lender shall not �e deemed to ha�e wai�ed any rights under this Assignment unless StIC�'1
<br /> wai��r is given in writing and signed by Lender. No delay ❑r omission ❑n the part of L�nder in exercising �ny right
<br /> shall operate as a wai�er of such right n� any o�her right. A wai�er by Lender ❑f a pr��ision o�F this Ass'rgnment
<br /> �hafl nvt prejudice or constit�te a wai�er ❑f Lender's right atherwise t� demand strict camplian�e with that
<br /> pra�ision or any vther pra�isic�n o�F this Assignment. No pri�r wai�er by Lender, nor any cvurse nf dealing between
<br /> Lender and Grantor, shal! constitute a wa��er ❑f any of Lender's rights �r ❑f any ❑f �r�ntor's �hligations as to any
<br /> future transactinns. Whene�er th� �onsent of l.ender is required under this Assignment, the granting �t such
<br /> cansent by Lender in any instance shall r�a� cvnstitute continuing cansent ta subsequent instanc�s where such
<br /> consent is required and in a�� �ases su�h �ansent may be granted or rrvithheld in the��1�discr�tion of Lender.
<br /> Notices. Any notic� required ta be �i�en under this Assignment shall he gi�en in writing, and sha�l be effecti�e
<br /> when a�tually del��ered, when actually recei�ed by tefefacsimile �un�ess otherwise required �y law�, when
<br /> dept�sited with a nationally recognized n�ern�ght�vurier, ar, if mailed, wh�n deposited in the United States mail, as
<br /> first class, �ertified vr registered mail postage prepaid, direGted to the addresses shawn near the heginning of this
<br /> AssFgnment. Any party may change its address far notices under this Assignment hy giving formal written notice
<br /> to the ather parties, spe�ifying that the purpose �f the notice is tv change the party's address. For natice
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