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Loan No: 213555 <br />202207930 <br />ASSIGNMENT OF RENTS <br />(Continued) Page 3 <br />Lender decides to spend money or to perform any of Grantor's obligations under this Assignment, after Grantor's <br />failure to do so, that decision by Lender will not affect Lender's right to declare Grantor in default and to exercise <br />Lender's remedies. <br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Assignment, <br />Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and <br />upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all <br />reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its <br />interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear <br />interest at the Credit Agreement rate from the date of the expenditure until repaid. Expenses covered by this <br />paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees <br />and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for <br />bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any <br />anticipated post -judgment collection services, the cost of searching records, obtaining title reports (including <br />foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent <br />permitted by applicable law. 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 />Amendments. What is written in this Assignment and in the Related Documents is Grantor's entire agreement <br />with Lender concerning the matters covered by this Assignment. To be effective, any change or amendment to <br />this Assignment must be in writing and must be signed by whoever will be bound or obligated by the change or <br />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. <br />Governing Law. This Assignment will be governed by federal law applicable to Lender and, to the extent not <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 />Joint and Several Liability. All obligations of Grantor under this Assignment shall be joint and several, and all <br />references to Grantor shall mean each and every Grantor. This means that each Grantor signing below is <br />responsible for all obligations in this Assignment. <br />Merger. There shall be no merger of the interest or estate created by this Assignment with any other interest or <br />estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent <br />of Lender. <br />Interpretation. (1) In all cases where there is more than one Borrower or Grantor, then all words used in this <br />Assignment in the singular shall be deemed to have been used in the plural where the context and construction so <br />require. (2) If more than one person signs this Assignment as "Grantor," the obligations of each Grantor are joint <br />and several. This means that if Lender brings a lawsuit, Lender may sue any one or more of the Grantors. If <br />Borrower and Grantor are not the same person, Lender need not sue Borrower first, and that Borrower need not be <br />joined in any lawsuit. (3) The names given to paragraphs or sections in this Assignment are for convenience <br />purposes only. They are not to be used to interpret or define the provisions of this Assignment. <br />No Waiver by Lender. Grantor understands Lender will not give up any of Lender's rights under this Assignment <br />unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean that <br />Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights, that does not <br />mean Grantor will not have to comply with the other provisions of this Assignment. Grantor also understands that <br />if Lender does consent to a request, that does not mean that Grantor will not have to get Lender's consent again if <br />the situation happens again. Grantor further understands that just because Lender consents to one or more of <br />Grantor's requests, that does not mean Lender will be required to consent to any of Grantor's future requests. <br />Grantor waives presentment, demand for payment, protest, and notice of dishonor. <br />Notices. Any notice required to be given under this Assignment shall be given in writing, and shall be effective <br />when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when <br />deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as <br />first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this <br />Assignment. Any person may change his or her address for notices under this Assignment by giving formal <br />written notice to the other person or persons, specifying that the purpose of the notice is to change the person's <br />address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. <br />Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender to any <br />Grantor is deemed to be notice given to all Grantors. It will be Grantor's responsibility to tell the others of the <br />notice from Lender. <br />Powers of Attorney. The various agencies and powers of attorney conveyed on Lender under this Assignment are <br />granted for purposes of security and may not be revoked by Grantor until such time as the same are renounced by <br />Lender. <br />Severability. If a court finds that any provision of this Assignment is not valid or should not be enforced, that fact <br />by itself will not mean that the rest of this Assignment will not be valid or enforced. Therefore, a court will <br />enforce the rest of the provisions of this Assignment even if a provision of this Assignment may be found to be <br />invalid or unenforceable. <br />Successors and Assigns. Subject to any limitations stated in this Assignment on transfer of Grantor's interest, this <br />Assignment shall be binding upon and inure to the benefit of the parties, their successors and assigns. If <br />ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may <br />deal with Grantor's successors with reference to this Assignment and the Indebtedness by way of forbearance or <br />extension without releasing Grantor from the obligations of this Assignment or liability under the Indebtedness. <br />Time is of the Essence. Time is of the essence in the performance of this Assignment. <br />Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead <br />exemption laws of the State of Nebraska as to all Indebtedness secured by this Assignment. <br />DEFINITIONS. The following words shall have the following meanings when used in this Assignment: <br />Assignment. The word "Assignment" means this ASSIGNMENT OF RENTS, as this ASSIGNMENT OF RENTS may <br />be amended or modified from time to time, together with all exhibits and schedules attached to this ASSIGNMENT <br />OF RENTS from time to time. <br />Borrower. The word "Borrower" means Kenneth G. Meyer and Angela Meyer. <br />Credit Agreement. The words "Credit Agreement" mean the credit agreement dated November 1, 2022, with <br />credit limit of $40,000.00 from Grantor to Lender, together with all renewals of, extensions of, <br />modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. <br />Event of Default. The words "Event of Default" mean any of the events of default set forth in this Assignment in <br />the default section of this Assignment. <br />