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7/5/2023 11:25:55 AM
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202303366
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202303366 <br />15. DEFAULT. Assignor will be in default if any of the following events (known separately and <br />collectively as an Event of Default) occur: <br />A. Payments. Assignor fails to make a payment in full when due. <br />B. Insolvency or Bankruptcy. The death, dissolution or insolvency of, appointment of a <br />receiver by or on behalf of, application of any debtor relief law, the assignment for the <br />benefit of creditors by or on behalf of, the voluntary or involuntary termination of existence <br />by, or the commencement of any proceeding under any present or future federal or state <br />insolvency, bankruptcy, reorganization, composition or debtor relief law by or against <br />Assignor, Borrower, or any co-signer, endorser, surety or guarantor of this Assignment or <br />any other obligations Borrower has with Lender. <br />C. Death or Incompetency. Assignor dies or is declared legally incompetent. <br />D. Failure to Perform. Assignor fails to perform any condition or to keep any promise or <br />covenant of this Assignment. <br />E. Other Documents. A default occurs under the terms of any other document relating to <br />the Secured Debts. <br />F. Other Agreements. Assignor is in default on any other debt or agreement Assignor has <br />with Lender. <br />G. Misrepresentation. Assignor makes any verbal or written statement or provides any <br />financial information that is untrue, inaccurate, or conceals a material fact at the time it is <br />made or provided. <br />H. Judgment. Assignor fails to satisfy or appeal any judgment against Assignor. <br />I. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation <br />by a legal authority. <br />J. Name Change. Assignor changes Assignor's name or assumes an additional name <br />without notifying Lender before making such a change. <br />K. Property Transfer. Assignor transfers all or a substantial part of Assignor's money or <br />property. This condition of default, as it relates to the transfer of the Property, is subject to <br />the restrictions contained in the DUE ON SALE section. <br />L. Property Value. Lender determines in good faith that the value of the Property has <br />declined or is impaired. <br />M. Other Events. Anything else happens that causes Lender to reasonably believe that the <br />prospect of payment, performance or realization of the Property is significantly impaired. <br />16. REMEDIES. After Assignor defaults, Lender may at Lender's option do any one or more of <br />the following. <br />A. Acceleration. Lender may make all or any part of the amount owing by the terms of the <br />Secured Debts immediately due. <br />B. Additional Security. Lender may demand additional security or additional parties to be <br />obligated to pay the Secured Debts. <br />C. Sources. Lender may use any and all remedies Lender has under Nebraska or federal law <br />or in any document relating to the Secured Debts. <br />D. Insurance Benefits. Lender may make a claim for any and all insurance benefits or <br />refunds that may be available on Assignor's default. <br />E. Payments Made On Assignor's Behalf. Amounts advanced on Assignor's behalf will be <br />immediately due and may be added to the Secured Debts. <br />F. Rents. Lender may terminate Assignor's right to collect Rents and directly collect and <br />retain Rents in Lender's name without taking possession of the Property and to demand, <br />collect, receive, and sue for the Rents, giving proper receipts and releases. In addition, after <br />deducting all reasonable expenses of collection from any collected and retained Rents, <br />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 <br />Property; make, modify, enforce or cancel or accept the surrender of any Leases; obtain or <br />evict any tenants or licensees; increase or reduce Rents; decorate, clean and make repairs or <br />do any other act or incur any other cost Lender deems proper to protect the Property as fully <br />as Assignor could do. Any funds collected from the operation of the Property may be <br />applied in such order as Lender may deem proper, including, but not limited to, payment of <br />the following: operating expenses, management, brokerage, attorneys' and accountants' <br />fees, the Secured Debts, and toward the maintenance of reserves for repair or replacement. <br />Lender may take such action without regard to the adequacy of the security, with or without <br />any action or proceeding, through any person or agent, or receiver to be appointed by a <br />court, and irrespective of Assignor's possession. <br />Island Sprinkler Supply Company <br />Nebraska Assignment of Leases and Rents <br />NE/4Nicole. 500000000003066032 N <br />Wolters Kluwer Financial Services, Inc.®1996, 2023 Page 6 <br />Bankers SystemsTM <br />
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