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Loan No: 101353561 <br />202402720 <br />ASSIGNMENT OF RENTS <br />(Continued) Page 2 <br />Grantor, together with all interest thereon. <br />THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY <br />AND ALL OBLIGATIONS OF GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS. <br />THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Assignment or any Related Documents, Grantor <br />shall pay to Lender all amounts secured by this Assignment as they become due, and shall strictly perform all of <br />Grantor's obligations under this Assignment. Unless and until Lender exercises its right to collect the Rents as provided <br />below and so long as there is no default under this Assignment, Grantor may remain in possession and control of and <br />operate and manage the Property and collect the Rents, provided that the granting of the right to collect the Rents shall <br />not constitute Lender's consent to the use of cash collateral in a bankruptcy proceeding. <br />GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: <br />Ownership. Grantor is entitled to receive the Rents free and clear of all rights, loans, liens, encumbrances, and <br />claims except as disclosed to and accepted by Lender in writing. <br />Right to Assign. Grantor has the full right, power and authority to enter into this Assignment and to assign and <br />convey the Rents to Lender. <br />No Prior Assignment. Grantor has not previously assigned or conveyed the Rents to any other person by any <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 Note rate from date of expenditure until 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 Note, and the Related Documents, Lender shall execute and deliver to <br />Grantor a suitable satisfaction of this Assignment and suitable statements of termination of any financing statement on <br />file evidencing Lender's security interest in the Rents and the Property. Any termination fee required by law shall be <br />paid by Grantor, if permitted by applicable law. <br />LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in <br />