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200408058 <br />M. Material Change. Without first notifying Lender, there is a material change in Assignor's business, <br />including ownership, management, and financial conditions. <br />N. Insecurity. Lender reasonably believes that Lender is insecure. <br />15. REMEDIES, After Assignor defaults, and after Lender gives any legally required notice and opportunity to <br />cure the default, Lender may at Lender's option do any one or more of the following. <br />A. Acceleration. Lender may make all or any part of the amount owing by the terms of the Secured Debts <br />immediately due. <br />B. Additional Security. Lender may demand additional security or additional parties to be obligated to pay <br />the Secured Debts. <br />C. Sources. Lender may use any and all remedies Lender has under Nebraska or federal law or in any <br />instrument evidencing or pertaining to the Secured Debts. <br />D. Insurance Benefits. Lender may make a claim for any and all insurance benefits or refunds that may be <br />available on Assignor's default. <br />E. Payments Made On Assignor's Behalf. Amounts advanced on Assignor's behalf will be immediately due <br />and may be added to the Secured Debts. <br />F. Rents. Lender may terminate Assignor's right to collect Rents and directly collect and retain Rents in <br />Lender's name without taking possession of the Property and to demand, collect, receive, and sue for the <br />Rents, giving proper receipts and releases. In addition, after deducting all reasonable expenses of collection <br />from any collected and retained Rents, Lender may apply the helance as provided for by the Secured Debts. <br />G. Entry. Lender may enter, take possession, manage and opefate all or any part of the Property; make, <br />modify, enforce or cancel or accept the surrender of any Leases; obtain or evict any tenants or licensees; <br />increase or reduce Rents; decorate, clean and make repairs or do any other act or incur any other cost Lender <br />deems proper to protect the Property as fully as Assignor could do. Any funds collected from the operation <br />of the Property may be applied in such order as Lender may deem proper, including, but not limited to, <br />payment of the following: operating expenses, management, brokerage, attorneys' and accountants' fees, <br />the Secured Debts, and toward the maintenance of reserves for repair or replacement. Lender may take <br />such action without regard to the adequacy of the security, with or without any action or proceeding, <br />through any person or agent, or receiver to be appointed by a court, and irrespective of Assignor's <br />possession. <br />The collection and application of the Rents or the entry upon and taking possession of the Property as set <br />out in this section shall not cure or waive any notice of default under the Secured Debts, this Assignment, or <br />invalidate any act pursuant to such notice. The enforcement of such remedy by Lender, once exercised, <br />shall continue for so long as Lender shall elect, notwithstanding that such collection and application of Rents <br />may have cured the original default. <br />H. Waiver. Except as otherwise required by law, by choosing any one or more of these remedies you do not <br />give up any other remedy. You do not waive a default if you choose not to use a remedy. By electing not to <br />use any remedy, you do not waive your right to later consider the event a default and to use any remedies if <br />the default continues or occurs again. <br />16. TERM. This Assignment will remain in full force and effect until the Secured Debts are paid or otherwise <br />discharged and Lender is no longer obligated to advance funds under any loan or credit agreement which is a <br />part of the Secured Debts. If any or all payments of the Secured Debts are subsequently invalidated, declared <br />void or voidable, or set aside and are required to be repaid to a trustee, custodian, receiver or any other party <br />under any bankruptcy act or other state or federal law, then the Secured Debts will be revived and will continue <br />in full force and effect as if this payment had not been made. <br />17. CO- SIGNERS. If Assignor signs this Assignment but does not sign the Secured Debts, Assignor does so <br />only to assign Assignor's interest in the Property to secure payment of the Secured Debts and Assignor does <br />not agree to be personally liable on the Secured Debts. It this Assignment secures a guaranty between Lender <br />and Assignor, Assignor agrees to waive any rights that may prevent Lender from bringing any action or claim <br />against Assignor or any party indebted under the obligation. These rights may include, but are not limited to, <br />any anti- deficiency or one - action laws, <br />18. APPLICABLE LAW. This Assignment is governed by the laws of Nebraska, except to the extent otherwise <br />required by the laws of the jurisdiction where the Property is located, and the United States of America. <br />19. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Assignor's obligations under this <br />Assignment are independent of the obligations of any other Assignor. Lender may sue each Assignor <br />individually or together with any other Assignor. Lender may release any part of the Property and Assignor will <br />still be obligated under this Assignment for the remaining Property. The duties and benefits of this Assignment <br />will bind and benefit the successors and assigns of Lender and Assignor. <br />20. AMENDMENT. INTEGRATION AND SEVERABILITY. This Assignment may not be amended of modified by <br />oral agreement. No amendment or modification of this Assignment is effective unless made in writing and <br />executed by Assignor and Lender. This Assignment is the complete and final expression of the agreement. If <br />any provision of this Assignment is unenforceable, then the unenforceable provision will be severed and the <br />remaining provisions will still be enforceable. <br />21. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. <br />The section headings are for convenience only and are not to be used to interpret or define the terms of this <br />Assignment. <br />22. NOTICE, FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Unless otherwise required by law, any <br />notice will be given by delivering it or mailing it by first class mail to the appropriate party's address listed in the <br />DATE AND PARTIES section, or to any other address designated in writing. Notice to one party will be deemed <br />to be notice to all parties. Assignor will inform Lender in writing of any change in Assignor's name, address or <br />Le Muidien, L.L.C. Initials <br />Nebraska AsaIB ^ment of Lmn end ReNa g <br />NEI4XX3a333000726200c043a40200B1304Y -1996 aenkera Sysieme. Inc.. St. Cloud, Me Page <br />