|
2� 17�2�99
<br /> A�SIGNMENT �F RENTS
<br /> Loan Nn: ��'I 3�4'i 4C� t Contin ued� Page 4
<br /> L�nder in response tv Lender's demand shall satisfy the ❑bligations for which th� payments are made, whether or
<br /> not any proper graunds far the demand ex�sted. Lender may exer�ise its rxghts under this subparagraph either in
<br /> person, by agent, or thrvugh a recei�er.
<br /> �thsr Rem�diss. L�nder shall ha�e ail other rights and r�medies pro�ided in this Assignment or the Nate or by
<br /> law.
<br /> E�ectivn of Remedies. E�ection by Lender t❑ pursue any remedy sha�� not exclude pursuit ❑f any ath�r remedy, and
<br /> an �lectivn ta make expenditures or tv take actian to perfarm an obligativn ot Grantor under thEs Assignment, after
<br /> Grant�r's failure to perform, shali not aff�ct Lender's right to declare a default and �xercise its remedies.
<br /> Attarn�ys' Fees; Expenses. If Lende� institutes any suit ar actian ta enforce any ❑f th� �erms ❑f this Assignm�nt,
<br /> Lender shafl be entitled to reca�er such sum as the court may adjudge reasvnable as attorneys' fees at trial and
<br /> upvn any appeal. Wh�ther �r not any �ourt a�tivn is in�vl��d, and to the extent not prahibited by law, a��
<br /> reasonabl� expenses Lender incurs #hat in Lender°s opinion are ne�essary at any time tor the protectian of its
<br /> interest or the �nfarcem�nt of its rights shall be�ome a part vf the Indebtedness payab�e on demand and shall bear
<br /> interest at the Nate rate fram the date vf the expenditure until repaid. Expenses �a�ered by this paragraph include,
<br /> wi�haut limitativn, h�►rvever subject ta any limits under applicabie law, Lender's att�rneys' fees and Lender's legal
<br /> expenses, whethsr vr not there is a iawsuit, including attorneys' fees and expenses for bankruptcy pro��edings
<br /> {including efforts ta m�dify or�a�ate any automatic stay nr in�unction}, appeals, and any ant�cipated post�judgment
<br /> collect�on ser�ices, the cost o� searching records, �btaining titl� reparts �including fare�losure r�ports7, sur�eyors'
<br /> rep�rts, and appraisal fees, tit€e insu�ance, and fe�s far the Trustee, ta the extent permitted by app�icable law.
<br /> Grantar als� wif� pay any�ourt costs, in addition ta all vther sums pr��ided by law,
<br /> MISCELLANE�US PR�VISIDNS. The fo�lowing miscef�aneous pro�isions are a part of this Assignm�nt:
<br /> Amendments. This Assignment, t�gether with any F�elated Documents, canstitutes the en�ire unders�anding and
<br /> agreement ❑f the parties a� ta the matters set �orth in this Assignm�nt. No aiterativn of ❑r amendment t� th�s
<br /> Assignment shall be effe�ti�e unless gi�en in writing and signed by the party or par�ies sought #o be charged ❑r
<br /> bound by the alterat�on ar amendment.
<br /> Caption Headings. Captian headings in this Assignrnent are for con�enienGe purpases anly and are not to b� us�d
<br /> ta interpret or defin� the pro�isions af this Assignment.
<br /> �o�erning Law. This Assignment wi[I he go�erned by #ederal law applica[�le ta Lender and, to the extent not
<br /> preemp#ed by federa� law, �h� iaws of the 5ta#e �f Nebraska withaut regard to its confficts of law pra�isivns. This
<br /> Assignment has heen accepted by Lender in the State of Nebraska.
<br /> Choice vf Venue. ff there �s a lawsuit, Grantvr agre�s upt�n Lender's request to submit to th� jurisdiction �f the
<br /> cou�ts of Ha�i County, State�f Ne�raska.
<br /> Joint and 5e�eral Liability. All �bfigations af Grantor under this Assignment shall be joint and se�era�, and ali
<br /> references to Grantor shall mean each and e�ery �rantar, This means that each Grantor signing �elow is
<br /> responsible for all obligations in this Assignment.
<br /> Merger. There shall be no merger a# the interest or estate created �y this Assignment with any ❑ther interest ❑r
<br /> estate in the Praperty at any time held by �r far the ben�fit vf Lender in any capaci�y, withvut the written �onsent
<br /> ❑f Lender.
<br /> fnterpretation. ��y In all cas�s where there is mvre than ❑ne Bvrrower ❑r Grantor, then ail words used in this
<br /> Assignment in th� sin�ular shall be deemed to ha�e been used in the plura� where the cantext and canstructian so
<br /> require. ��� �f more than one person signs this Assignment as "Grantor," the vbligations of ea�h Grantor are joint
<br /> and se�eral. This means that if Lender brin�s a lawsuit, Lender may sue any orte or mvre of the Grantors. If
<br /> Borrawer and Grantor ar� na�the same person, Lender need nat sue 6arrower first, and that B�rrawer r�eed not be
<br /> jained �n any lawsuit. t3} The names gi�en t❑ paragraphs or secti�ns in this Assignment are far can�enienc�
<br /> purpvses only. They are not to be used to interpret v�define the pro�isions vf this Assignment.
<br /> No Wai�er by Lender. Lender shall not be deemed t� ha�e wai�ed any rights under this Assignment unless such
<br /> wai�er is gi�en in writing and signed by Lender. Na delay or omission on the part of Lender in ex�rcising any right
<br /> shalf ❑perate as a wai�er ❑f such rigf�t or any other right. A wai�er by Lender of a pr��ision af this Assignment
<br /> shall nat prejudice or constitute a wai�er of Lender's right ath�rwise tv demand strict compliance with that
<br /> pro�ision �r any other pro�ision of this Assignment. No prior wai�er hy Lender, nor any course af dealir�g betw�en
<br /> Lender and Grantor, shall constitut� a wai�er af any �f Lend�r's rights or o� any of �rantor's �bligations as t❑ any
<br /> �uture transactians, Vllhene�er the consent vf Lend�r is requ�red under tl�is Assignrn�nt, the granting ❑f such
<br /> consent by L�nder in any instance shall not constitute cant�nuing cansent ta subsequ�nt instances where such
<br /> c�ns�nt is required and in all cases such cor�sent may b� granted or ►rvithheld in the sole discretion of Lender.
<br /> Notices. Any notice required to �e gi�en under this Assignment shall be gi�en �n writing, and shali be �f�ecti�e
<br /> when actually deli�ered, when actually recei�ed !�y telefa�simife �unless atherwise required by law�, when
<br /> depasited with a rlationally recognized ❑�ernight courier, or, it mailed, when depvsited in the United States mail, as
<br /> first class, certified ❑r register�d mail postag� prepaid, directed to the addresses shown near the beginning ❑f this
<br /> Assignment. Any party may c�ange +ts address far nvtices under this Assignmen� by gi�ing formal written notice
<br /> ta the other pa�ties, specifying that the purpvs� �f the nati�e is ta change the party's address. For natice
<br />
|