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202402892
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Last modified
6/26/2024 12:11:18 PM
Creation date
6/26/2024 12:11:17 PM
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DEEDS
Inst Number
202402892
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202402892 <br />THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND <br />(2) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF GRANTOR UNDER THE NOTES, THIS <br />ASSIGNMENT, AND THE RELATED DOCUMENTS, THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON <br />THE FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Assignment or any Related Documents, <br />Grantor shall pay to Lender all amounts secured by this Assignment as they become due, and shall strictly perform <br />all of Grantor's obligations under this Assignment. Unless and until Lender exercises its right to collect the Rents as <br />provided below and so long as there is no default under this Assignment, Grantor may remain in possession and <br />control of and operate and manage the Property and collect the Rents, provided that the granting of the right to <br />collect the Rents shall 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 <br />in the 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 <br />though no default shall have occurred under this Assignment, to collect and receive the Rents. For this purpose, <br />Lender is hereby 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 <br />from the tenants or from any other persons liable therefor, all of the Rents; institute and carry on all legal <br />proceedings necessary for the protection of the Property, including such proceedings as may be necessary to <br />recover possession of the Property; collect the Rents and remove any tenant or tenants or other persons from the <br />Property. <br />Maintain the Property. Lender may enter upon the Property to maintain the Property and keep the same in <br />repair; to pay the costs thereof and of all services of all employees, including their equipment, and of ail <br />continuing costs and expenses of maintaining the Property in proper repair and condition, and also to pay all <br />taxes, assessments and water utilities, and the premiums on fire and other insurance effected by Lender on the <br />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 <br />on 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 />2 <br />
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