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20180 <br />ASSIGNMENT OF RENTS page 4 <br />(Continued) <br />Loan No: 101312092 <br />Accelerate Indebtedness. Lender shall the right <br />h its option to d Cla re t ee entire Indebtedness immediately <br />due and payable, including any prepayment <br />Collect Rents. Lender shall have the right, without notice to Borrower or Grantor, to o take e possession oft the <br />Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and <br />prove Le io e in the Lender to and Co lect Rents is Sect o above. If Lender <br />he Rents area rights <br />collected by <br />Lrovieed <br />paydernthen hereof in of Grantor and to negotiate the same and collect the proceeds. Payments by tenants <br />oayme <br />or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are <br />made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this <br />subparagraph either in person, by agent, or through a receiver. <br />Other Remedies. Lender shall have all other rights and remedies provided in this Assignment or the Note or by <br />law. <br />Election election R to ma expenditures to action to perform an n obligation of Grantor pursuit under this Assignment, after <br />an <br />Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Expenses. If Lener <br />Lender Attorneys' <br />sha be I entittled to any suit or action to <br />court may adjudge enforce <br />easonable aseatto this at Assignment, <br />and <br />Lender <br />any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all <br />rsonle i n erestbor the p enforcement of incurs <br />ts rights shall become a of the Indebtedness payable ono protection <br />demand and shall bear <br />interest <br />interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, <br />roces legal <br />without limitation, , etther there is ao limits <br />lawsuiincluding applicable <br />attorneys' fees Landeexpenses for bankrupt y a ings <br />expense eals, and any anticipated post-judgment <br />(including efforts to modify or vacate any automa stay or injunction), app applicable law. <br />reports, and aisal fees, ttleensur'ance,candsfees for the title <br />heTrus Trustee, (including <br />extent rpermittedrby app cable law. <br />reports, pp <br />Grantor also will pay any court costs, in addition to all other sums provided by law. <br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Assignment: <br />A regime n ot This to the together <br />matters with any set forth Related o ' <br />th s Assignment constitutes <br />Noalte alteration entire <br />understanding and to this <br />Assi gme t P the party or parties sought to be charged or <br />Assignment shall be effective unless given in writing and signed by <br />bound by the alteration or amendment. <br />Caption Headings. Caption headings in this Assignment are for convenience purposes only and are not to be used <br />to interpret or define the provisions of this Assignment. applicable to Lender and, to the extent not <br />Governing Law. This Assignment will be governed by federal law app <br />preempted by federal law, the laws of the State of Nebraska without regard to its conflicts of law provisions. 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 to the jurisdiction of the <br />courts of HALL County, State of Nebraska. <br />s r a 1, a nd Several <br />ll references to Gr halll an Borrower <br />ach and every Granttor, andrall Assignment shall mean <br />each , <br />eah n every here any one or mo a of the pa t es srancorporation, below <br />arrtnership, limited l ) liability company or similar <br />Assign <br />entity, <br />other agents acting or purporting toinquire <br />entity's Ion into <br />the tity's behalf, and a obligations l made or created in members, <br />or reliance <br />or 9 <br />upon the professed exercise of such powers shall be guaranteed under this Assignment. <br />e state r in the Property at n any time r <br />me or t for therbe estate created benefit of Lender in a capacity, wthout the written interest <br />wr ttenc consent <br />Interpretation. <br />of Lender. <br />As in the singular shall deemed to have o been used inBorrower <br />the plural where Grantor, <br />context all <br />and r tion so <br />Asslg <br />ad s veral. i This r means that if brings a lawsuitnLender r may r sue h any one more of the Grantors. If <br />and s <br />joined n any lawsuit. a (3) � names given to e paragraphs sue <br />sections n B e and Grantor are for convenience <br />joined only. They are not to be used to interpret or define the provisions of this Assignment. <br />w No Waiver b en in w iting an by be No delay or omission on the part d of Lenders n exercising right e g <br />shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Assignment <br />