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<br />any such costs and expenses in accordance with the provisions hereof. Trustee or Beneficiary
<br />may, but shall not be under any obligation to, appear or intervene in any such action or
<br />proceeding and retain counsel therein and defend the same or otherwise take such action
<br />therein as either may, at its sole and absolute discretion, deem advisable, and may settle or
<br />compromise the same and, in that behalf and for any of such purposes, may expend and
<br />advance such sums of money as either may deem necessary, and Beneficiary or Trustee, as
<br />the case may be, shall be reimbursed therefor in accordance with the provisions hereof.
<br />Section 2.8 - Assignment of Leases and Rents.
<br />A. Trustor hereby irrevocably, absolutely, presently and unconditionally,
<br />grants, transfers and assigns to Beneficiary and grants to Beneficiary a
<br />security interest (pursuant to Section 52-1701 et seq. of the Revised Statutes
<br />of the State of Nebraska) in and to all right, title and interest of Trustor in
<br />and to all existing and future lease agreements, occupancy agreements and
<br />use agreements (collectively, the "Leases") relating to the Mortgaged
<br />Property or any part thereof, all rents, issues and profits and security
<br />deposits thereunder, and all utility deposits made to procure or maintain
<br />utility services to the Premises. This assignment is an absolute assignment,
<br />not an assignment for security only. This assignment shall extend to and
<br />cover (i) any and all extensions and renewals of existing and future Leases,
<br />(ii) any and all present and future rights against guarantors of any such
<br />obligations and to any and all rents, revenues, issues, income, receipts,
<br />profits, deposits and other amounts now or hereafter becoming due to
<br />Trustor or collected under the Leases (whether due for the letting of space,
<br />for services, materials or installations supplied by Trustor or for any other
<br />reason whatsoever), insurance proceeds, condemnation awards, damages
<br />following defaults by tenants under the Leases (the "Tenants"), cash or
<br />securities deposited by Tenants to secure performance of their obligations
<br />under the Leases, and all other extraordinary receipts and all proceeds
<br />thereof, both cash and non-cash (all of the foregoing, being referred to as
<br />the "Rents") and all rights to direct the payment of, make claim for, collect,
<br />receive and receipt for the Rents, (iii) all claims, rights, privileges and
<br />remedies on the part of Trustor, whether arising under the Leases or by
<br />statute or at law or in equity or otherwise, arising out of or in connection
<br />with any failure by any Tenant to pay the Rents or to perform any of its
<br />other obligations under its Lease, (iv) all rights, powers and privileges of
<br />Trustor to exercise any election or option or to give or receive any notice,
<br />consent, waiver or approval under or with respect to the Leases, and (v) all
<br />other claims, rights, powers, privileges and remedies of Trustor under or
<br />with respect to the Leases, including without limitation the right, power and
<br />privilege (but not the obligation) to do any and all acts, matters and other
<br />things that Trustor is entitled to do thereunder or with respect thereto. This
<br />assignment is given to secure payment and performance of the Note, this
<br />Deed of Trust, the Loan Documents, and any other agreements at any time
<br />secured by this Deed of Trust, and shall neither impair nor diminish the
<br />obligations of Trustor under the Leases nor obligate or impose upon
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