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200008150 <br />C Sources. Leader may use any and all remedies Lender has under Nebraska or federal law or in any <br />instrument evidencing or pertaining to the Secured Debts. <br />D. Insurance Benefits. Lender may make a claim for any and all insurance benefits or refunds that may be <br />available on Assignor's default. <br />E. Payments Made On Assignor's Behalf. Amounts advanced on Assignor's behalf will be immediately due <br />and may be added to the Secured Debts. <br />F. Rents. Lender may terminate Assignor's right to collect Rents and directly collect and retain Rents in <br />Lender's name without taking possession of the Property and to demand, collect, receive, and sue for the <br />Rents, giving proper receipts and releases. In addition, after deducting all reasonable expenses of collection <br />from any collected and retained Rents, Lender may apply the balance as provided for by the Secured Debts. <br />G. Entry. Lender may enter, take possession, manage and operate all or any part of the Property; make, <br />modify, enforce or cancel or accept the surrender of any Leases; obtain or evict any tenants or licensees; <br />increase or reduce Rents; decorate, clean and make repairs or do any other act or incur any other cost <br />Lender deems roper_ to protect the Property as fully as Assignor could do. Any funds collected from the <br />00"I" ll�� lsp�tl ,WWte,applted in such order as Lender may deem proper, including, but not limited <br />to, payment of the following: operating expenses, management, brokerage, attorneys' and accountants' <br />fees, the Secured Debts,. and toward the maintenance of reserves for repair or replacement. Lender may <br />take such action without regard to the adequacy of the security, with or without any action or proceeding, <br />through any person or agent, or receiver to be appointed by a court, and irrespective of Assignor's <br />possession. <br />The collection and application of the Rents or the entry upon and taking possession of the Property as set <br />out in this section shall not cure or waive any notice of default under the Secured Debts, this Assignment, or <br />invalidate any act pursuant to such notice. The enforcement of such remedy by Lender, once exercised, <br />shall continue for so long as Lender shall elect, notwithstanding that such collection and application of Rents <br />may have cured the original default. <br />H. Waiver. Except as otherwise required by law, by choosing any one or more of these remedies you do not <br />give up any other remedy. You do not waive a default if you choose not to use a remedy. By electing not <br />to use any remedy, you do not waive your right to later consider the event a default and to use any remedies <br />if the default continues or occurs again. <br />15. TERM. This Assignment will remain in full force and effect until the Secured Debts are paid or otherwise <br />discharged and Lender is no longer obligated to advance funds under any loan or credit agreement which is a <br />part of the Secured Debts. If any or all payments of the Secured Debts are subsequently invalidated, declared <br />void or voidable, or set aside and are required to be repaid to a trustee, custodian, receiver or any other party <br />under any bankruptcy act or other state or federal law, then the Secured Debts will be revived and will continue <br />in full force and effect as if this payment had not been made. <br />16. CO- SIGNERS. If Assigner signs this Assignment but does not sign the Secured Debts, Assignor does so <br />only to assign Assignor's interest in the Property to secure payment of the Secured Debts and Assignor does <br />not agree to be personally liable on the Secured Debts. If this Assignment secures a guaranty between Lender <br />and Assignor, Assignor agrees to waive any rights that may prevent Lender from bringing any action or claim <br />against Assignor or any party indebted under the obligation. These rights may include, but are not limited to, <br />any anti - deficiency or one - action laws. <br />17. FIXTURE FILING. Assignor gives to Lender a security interest in all goods that Assignor owns now or in the <br />future and that are or will become fixtures related to the Property. <br />18. APPLICABLE LAW. This Assignment is governed by the laws of Nebraska, except to th# extent otherwise <br />required by the laws of the jurisdiction where the Property is located, and the United States of America. <br />19. JOINT . AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Assignor's obligations under this <br />Assignment are independent of the obligations of any other Assignor. Lender may sl'Ue each Assignor <br />individually or together with any other Assignor. Lender may release any part of the Property and Assignor will <br />still be obligated under this Assignment for the remaining Property. The duties and benefits of this Assignment <br />will bind and benefit the successors and assigns of Lender and Assignor. <br />20. AMENDMENT, INTEGRATION AND SEVERABILITY. This Assignment may not be amended or modified by <br />oral agreement. No amendment or modification of this Assignment is effective unless made in writing and <br />executed by Assignor and Lender. This Assignment is the complete and final expression of the agreement. If <br />any provision of this Assignment is unenforceable, then the unenforceable provision will be severed and the <br />remaining provisions will still. be pnforcgablg.. <br />21. INTERPRETATION. Whenever used, the singular includes the plural and the plural include3 the singular. The <br />section headings are for convenience only and are not to be used to interpret or define the terms of this <br />Assignment. <br />22. NOTICE, FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Unless otherwise required by law, any <br />notice will be given by delivering it or mailing it by first class mail to the appropriate party's address listed in the <br />DATE AND PARTIES section, or to any other address designated in writing. Notice to one party will be deemed <br />to be notice to all parties. Assignor will inform Lender in writing of any change in Assignor's name, address or <br />other application information. Assignor will provide Lender any financial statements or information Lender <br />requests. All financial statements and information Assignor gives Lender will be correct and complete. <br />Assignor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider <br />necessary to perfect, continue, and preserve Assignor's obligations under this Assignment and to confirm <br />Lender's lien status on any Property. Time is of the essence. <br />Omaha Paper Stock Company, Inc. <br />Nebraska Assignment of Leases and Rents Initials <br />NEI3LESUE06A9000000000000003000000031 n2 01996 Bankers Systems, Inc., St. Cloud, MN Page 5 <br />