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Loan No: 213555 <br />202207930 <br />ASSIGNMENT OF RENTS <br />(Continued) Page 2 <br />instrument now in force. <br />No Further Transfer. Grantor will not sell, assign, encumber, or otherwise dispose of any of Grantor's rights in the <br />Rents except as provided in this Assignment. <br />LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS. Lender shall have the right at any time, and even though no <br />default shall have occurred under this Assignment, to collect and receive the Rents. For this purpose, Lender is hereby <br />given and granted the following rights, powers and authority: <br />Notice to Tenants. Lender may send notices to any and all tenants of the Property advising them of this <br />Assignment and directing all Rents to be paid directly to Lender or Lender's agent. <br />Enter the Property. Lender may enter upon and take possession of the Property; demand, collect and receive from <br />the tenants or from any other persons liable therefor, all of the Rents; institute and carry on all legal proceedings <br />necessary for the protection of the Property, including such proceedings as may be necessary to recover <br />possession of the Property; collect the Rents and remove any tenant or tenants or other persons from the Property. <br />Maintain the Property. Lender may enter upon the Property to maintain the Property and keep the same in repair; <br />to pay the costs thereof and of all services of all employees, including their equipment, and of all continuing costs <br />and expenses of maintaining the Property in proper repair and condition, and also to pay all taxes, assessments and <br />water utilities, and the premiums on fire and other insurance effected by Lender on the Property. <br />Compliance with Laws. Lender may do any and all things to execute and comply with the laws of the State of <br />Nebraska and also all other laws, rules, orders, ordinances and requirements of all other governmental agencies <br />affecting the Property. <br />Lease the Property. Lender may rent or lease the whole or any part of the Property for such term or terms and on <br />such conditions as Lender may deem appropriate. <br />Employ Agents. Lender may engage such agent or agents as Lender may deem appropriate, either in Lender's <br />name or in Grantor's name, to rent and manage the Property, including the collection and application of Rents. <br />Other Acts. Lender may do all such other things and acts with respect to the Property as Lender may deem <br />appropriate and may act exclusively and solely in the place and stead of Grantor and to have all of the powers of <br />Grantor for the purposes stated above. <br />No Requirement to Act. Lender shall not be required to do any of the foregoing acts or things, and the fact that <br />Lender shall have performed one or more of the foregoing acts or things shall not require Lender to do any other <br />specific act or thing. <br />APPLICATION OF RENTS. All costs and expenses incurred by Lender in connection with the Property shall be for <br />Grantor's account and Lender may pay such costs and expenses from the Rents. Lender, in its sole discretion, shall <br />determine the application of any and all Rents received by it; however, any such Rents received by Lender which are <br />not applied to such costs and expenses shall be applied to the Indebtedness. All expenditures made by Lender under <br />this Assignment and not reimbursed from the Rents shall become a part of the Indebtedness secured by this <br />Assignment, and shall be payable on demand, with interest at the Credit Agreement rate from date of expenditure until <br />paid. <br />FULL PERFORMANCE. If Grantor pays all of the Indebtedness when due and otherwise performs all the obligations <br />imposed upon Grantor under this Assignment, the Credit Agreement, and the Related Documents, Lender shall execute <br />and deliver to Grantor a suitable satisfaction of this Assignment and suitable statements of termination of any financing <br />statement on file evidencing Lender's security interest in the Rents and the Property. Any termination fee required by <br />law shall be paid by Grantor, if permitted by applicable law. <br />LENDER'S EXPENDITURES. If Grantor fails (A) to keep the Property free of all taxes, liens, security interests, <br />encumbrances, and other claims, (B) to provide any required insurance on the Property, or (C) to make repairs to the <br />Property then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's <br />interests in the Property, then Lender on Grantor's behalf may, but is not required to, take any action that Lender <br />believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will <br />then bear interest at the rate charged under the Credit Agreement from the date incurred or paid by Lender to the date <br />of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) <br />be payable on demand; (B) be added to the balance of the Credit Agreement and be apportioned among and be <br />payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or <br />(2) the remaining term of the Credit Agreement; or (C) be treated as a balloon payment which will be due and payable <br />at the Credit Agreement's maturity. The Assignment also will secure payment of these amounts. The rights provided <br />for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account <br />of any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any <br />remedy that it otherwise would have had. <br />EVENTS OF DEFAULT. Grantor will be in default under this Assignment if any of the following happen: (A) Grantor <br />commits fraud or makes a material misrepresentation at any time in connection with the Credit Agreement. This can <br />include, for example, a false statement about Grantor's income, assets, liabilities, or any other aspects of Grantor's <br />financial condition. (B) Grantor does not meet the repayment terms of the Credit Agreement. (C) Grantor's action or <br />inaction adversely affects the collateral or Lender's rights in the collateral. This can include, for example, failure to <br />maintain required insurance, waste or destructive use of the dwelling, failure to pay taxes, death of all persons liable on <br />the account, transfer of title or sale of the dwelling, creation of a senior lien on the dwelling without Lender's <br />permission, foreclosure by the holder of another lien, or the use of funds or the dwelling for prohibited purposes. <br />RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, Lender <br />may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided <br />by law: <br />Accelerate Indebtedness. Lender shall have the right at its option to declare the entire Indebtedness immediately <br />due and payable, including any prepayment penalty that Grantor would be required to pay. <br />Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and <br />collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's <br />costs, against the Indebtedness. In furtherance of this right, Lender shall have all the rights provided for in the <br />Lender's Right to Receive and Collect Rents Section, above. If the Rents are collected by Lender, then Grantor <br />irrevocably designates Lender as Grantor's attorney-in-fact to endorse instruments received in payment thereof in <br />the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to <br />Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or <br />not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in <br />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 of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or <br />together. An election by Lender to choose any one remedy will not bar Lender from using any other remedy. If <br />