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2� 1 7�2�97
<br /> ASSI�NMENT �F RENTS
<br /> Loan No: ��'i 34383� ���ntillu�d� Page 4
<br /> pe�son, by agent, or through a recei�er.
<br /> �ther Remedies. Lender sha�l ha�e all vther rights and remedies pro�ided in this Assignment ❑r the Note or by
<br /> �aw.
<br /> Eiectian ❑f R�medies. Election by L�nder to pursue any remedy shall not exGlude pursuft �f any ather remedy, and
<br /> an election �to make expendi�ures or to take activn t� perform an obligation ❑f Grantar under this Assignment, af#er
<br /> Grantor's failure ta pertorm, shall not affect Lender's right tv declare a default and exercise its remedies.
<br /> Attorneys' Fees: Expenses. If Lender institutes any suit ❑r action ta enforce any af the terms of this Assignment,
<br /> Lender shall be entitled tv r�c��er su�h sum as the court may adjudge reasonable as attorneys' fees at trial and
<br /> upon any appeal. Whether vr not any cvurt action is in�ol�ed, and ta the extent not prohihited by law, all
<br /> reasonable expenses Lender incurs that in Lender`s ❑pinion are necessary at any time for the prot�ctian af its
<br /> interest ar the enfarcement flf its rights shall be�ome a part af the Indebtedness payable on demand and sha�f h�ar
<br /> Enterest at the No�e �ate fram the date ot the expenditure until repaid, Expenses ca��red by this paragraph inc�ude,
<br /> without limi�ation, h�w��er subSect to any limsts undes a�plicable law, Lend�r's attorneys' fees and Lende�'s I�gal
<br /> expenses, whether vr nvt there is a lawsuit, including attvrneys' fees and expenses for bankruptcy proce�dings
<br /> �including effvrts to madify vr�acate any automatic stay or injunction�, appeals, and any anti�ipat�d post-judgment
<br /> collection ser�ices, the cos� af sear�hing re�ords, ohtaining title repor#s {including fvreclasurs r�partsy, sur�eyors'
<br /> reports, and appraisal fees, title insurance, and fees far the Trustee, ta the sxtent permitted by applicable law.
<br /> Grantor als❑ will pay any ��urt casts, in additi�n t� all ather sums pro�id�d by law.
<br /> MISCELLANEaL1S PR�ViSI�NS. Th�fo��awing misc��laneous pra�isians are a part of this Assignment:
<br /> Amer�dments. This Assignment, tagether with any Related Documents, constitutes the entire �nderstanding and
<br /> agreement af the parties as to the matters set fvrth in this Assignment. No afteratian ❑f vr amendment to this
<br /> Assignment shall be �f�ecti�� unless gi�en in writing and signed by the party or parties sought to be charged or
<br /> baund t�y the alteratian ar amendment.
<br /> Caption Headings. Captian headings in this Assignment are far con�enience purpases only and are not to be used
<br /> t❑ interpret or defin�the pro�isians �f this Assignment.
<br /> Gv�ernin� Law. This Assignment will he go�erned by tederal law applicabie to Lender and, ta the extent not
<br /> preempted by�ederaf �aw,the laws of the State ❑f Nebraska withvut regard to its con�licts of 1aw pr��isions. This
<br /> Assignment has he�n ac�epted by Lender in the Sta#e of Nebraska.
<br /> Choice of Venue. If there is a lawsuit, Grantor agrees upvn Lender`s request tv submit to �h� jurisdiction nf the
<br /> courts of Hall County, State ❑f Nebraska.
<br /> Joint and Sev�ral Liabi�ity. All obligations af Grantar under this Assignment sha�i be jvint and se�eral, and all
<br /> referenc�s to Grantar shall mean each and e�ery Grantat. This means that �a�h Grantor signing h�law is
<br /> responsible fvr all a�ligatians in this Assignment,
<br /> Nlerger. There shall b� np m�rger ot th� in��rest �r estate created by this Assignment ►rvith any �ther interest or
<br /> estate in the Proper�y at any time held by or for the benefit of L�nder in any capacity, withou# the written consent
<br /> vf Lender.
<br /> In#erpr�tation. {1� In all cases where there is more than vne gorrawer �r Grantor, then alf words used in this
<br /> Assignment in the singular shall be deemed t❑ ha�e been used in the pfural where the context and c�nstruction so
<br /> require. ��� If rnore than one persvn signs this Assignment as "�rant�r," the a�ligatians af each Grant�r are jaint
<br /> and se�eraf. This means that if Lender brings a lawsuit, Lender may sue any ane ❑r mare af the Grantors. If
<br /> Borrower and �rantvr are not the same persan, Lender need not sue Borrower #irst, and that Borrower n�ed not be
<br /> joined in any lawsuit. t37 The names gi�en to paragraphs ❑r sections ir� this Assignment are for �vn�enience
<br /> purpases on�y. They are not t� be used to �nterpret❑r define �he pro�isions of this Assignment.
<br /> Nv Wai�er by Lender. Lender sha�� not be deemed to ha�e wai�ed any rights under this Assignment unless such
<br /> wai�er is gi�en in writing and signed by Lender. No delay ar vmissiar� on the part of Lend�r in exercising any right
<br /> shai! aperate as a wai�er ❑f such rfght ar a�y ather right. A wai�er by L�nder ❑f a pro�isi�n of this Assignment
<br /> shall nat prejudi�e vr cons�itut� a wai�er of Lender's right Qtherwise to demand strict campliance with that
<br /> prv�ision flr any❑th�s psavisi�n❑f this Assignment. Nfl pxivr wai�er by Lerider, nor a�y caurs� vf dealin� b�twe�n
<br /> Lender and Grantor, shall constitute a wai�er of any vf Lender's righ�s or ot any of Grantor's ❑bligati�ns as to any
<br /> future transa�tians. Whene�er the cvnsent of Lender is requEred und�r this Assignment, the granting o� such
<br /> consen� by Lender in any instanc� shall nvt canstitute c�ntinuing consent to subsequenfi instances where such
<br /> cvnsent is required and in ail cases such consent may be granted or withheld in the so�e discretion af Lender.
<br /> No#ices. Any notFce required to be gi�en under this Assignment shall be gi�en in ►rvriting, and shall be effecti�e
<br /> when actua��y deli�ered, when actually recei�ed by telefacs+mile �unless otherwis� requir�d �y law�, when
<br /> deposited with a nationally rec��nized ❑��rnight c�urier, or, if maiied, when dep�sited in the United States mail, as
<br /> first class, �ertified or regis#ered mail postage prepaid, directed to the addresses shown near the beginning Qf this
<br /> Assignment. Any party may chang� its addr�ss far noti�es under this Assignment by gi�ing �ormal written nt�tice
<br /> to the other parties, specifying that the purpose o� th� r�atice is to chang� the party's address. For notice
<br /> purpases, Grantor agr��s �a keep Lender ir�fvrmed at a�l times of Grantor's curr�nt address. Unless dtherwise
<br /> prvvided or r�quired hy law, if th�re is more than one Grantor, any nvtice gi�en by Lender to any Grantar is
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