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200301316 00000000000000090 ASSIGNMENT OF RENTS Loan No: 6120481383 (Continued) Page 5 remedy or relief that a court of such state could order or grant within the scope hereof and such ancillary relief as is necessary to make effective any Sward. The arbitrator shall also have the power to award recovery of all costs and fees, to Impose sanctions and to lake such other action as the arbitrator deems necessary to the same extent a judge could pursuant to the Fedora] Rules of Civil Procetlure, the applicable State Rules of Civil Procedure, or other applicable law. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Discovery. In any arbitration proceeding discovery will be permitted in accordance with the Rules. All discovery shall be expressly limited to matters directly relevant to the Dispme being arbitrated and must be completed no later than 20 days before the hearing date and within 180 days of the filing of the Dispute with the AAA. Any requests for an extension of the discovery periods, or any discovery disputes, will be subject to final determination by the arbitrator upon a showing that the request for discovery is essential for the party's presentation and that no alternative means for obtaining information is available. Miscellaneous. To the maximum extent practicable, the AAA, the arbitrators and the parties shall take all action required to conclude any arbitration proceeding within 180 days of the filing of the Dispute with the AAA. The resolution of any Dispute shall be determined by s separate arbitration proceeding and such Dispute shall not be consolidated with other disputes or included in any class proceeding. No arbitrator or other party to an arbitration proceeding may disclose the existence, content or results thereof, except for disclosures of information by a party required In the ordinary course of its business or by applicable law or regulation. If more than one agreement for arbitration by or between the parties potentially applies to a Dispute, the arbitration provision most directly related to the documents between the parties or the subject matter of the Dispute shall control. This arbitration provision shall survive termination, amendment or expiration of any of the documents or any relationship between the parties. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a pan of this Assignment Amendments. This Assignment, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Assignment. No alteration of or amendment to this Assignment shall be effective unless given In writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Caption Headings. Caption heading. is this Assignment are for convenience purposes only and are not to be used to interpret or define the provisions of this Assignment. Governing Law. This Assignment will be governed by, construed and enforced in accordance with federal law and the laws of the State of Nebraska. This Assignment has been accepted by Lander in the State of Nebraska. Joint and Several Liability. All obligations of Grantor under this Assignment shall be joint and several, and all references to Grantor shall mean each and every Grantor. This means that each Grantor signing below is responsible for all obligations in this Assignment. Merger. There shall be no merger of the interest or estate created by this assignment with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity. without the written consent of Lender. Interpretation. (1) In all Issas where there Is more then one Borrower or Grantor, then all words used in this Assignment in the singular shall be deemed to have been used in the plural where the context and construction so require. 121 If more than one person signs this Assignment as "Grantor," the obligations of each Grantor are joint and several. This means that if Lender brings a lawsuit Lender may sue any one or more of the Grantors. It Borrower and Grantor are not the same person, Lender need not sue Borrower first and that Borrower need not he joined in any lawsuit. (3) The names given to paragraphs or sections in this Assignment are for convenience purposes only. They are not to be used to interpret or define the provisions of this Assignment. No Waiver by Lander. Lender shell not be deemed to have waived any rights under this Assignment unless such waiver is given in writing and signed by Lender. No delay or omission an the part of Lender in ising any right shall operate as a waiver of such right or any other right A waiver by Lander of a provision of this Assignment shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Assignment. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender Is required under this Assignment, the granting of such unsent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and In all cases such Consent may be granted or withheld In the sole discretion of Lender. Notices. Any notice required to be given under this Assignment shall be given in writing, and shall be effective when actually delivered, when actually received by telef lesimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited In the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Assignment. Any party may change Its address for notices under this Assignment by giving formal written notice to the other parties, specifying that the purpose of the notice Is to change the party's atldress. For notice purposes, Grantor agrees to keep Lender Informed at all times of Gmntoi s current address. Unless otherwise provided or required by law, if there Is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to ell Grantors. Powers of Attorney. The various agencies and powers of attorney conveyed on Lender under this Assignment are granted for purposes of security and may not be revoked by Grantor until such time as the same are renounced by Lender. Seemability. If a noun of competent jurisdiction finds any provision of this Assignment to be illegal, invalid, or unenforceable as to any person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered modified so that It becomes legal, valid and enforceable. If