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<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 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 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
<br />Lender deems proper to protect the Property as fully as Assignor could do. Any funds collected from the
<br />operation of the Property may be applied in such order as Lender may deem proper, including, but not limited
<br />to, payment of the following: operating expenses, management, brokerage, attorneys' and accountants'
<br />fees, the Secured Debts, and toward the maintenance of reserves for repair or replacement. Lender may
<br />take 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
<br />to use any remedy, you do not waive your right to later consider the event a default and to use any remedies
<br />if the default continues or occurs again.
<br />15. 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 />pert 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 />16. 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. If 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 />17. 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 />18. 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 />19. AMENDMENT, INTEGRATION AND SEVERABILITY. This Assignment may not be amended or 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 />20. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The
<br />section headingsaare for convenience only and are not to be used to interpret or define the terms of this
<br />Assignment,"'
<br />21. 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 />other application information. Assignor will provide Lender any financial statements or information Lender
<br />requests. All financial statements and information Assignor gives Lender will be correct and complete.
<br />Assignor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider
<br />necessary to perfect, continue, and preserve Assignor's obligations under this Assignment and to confirm
<br />Lender's lien status on any Property.:Time is of the essence.
<br />SIGNATURES. By signing, Assignor agrees to the terms and covenants contained in this Assignment. Assignor
<br />also acknowledges receipt of a copy of this Assignment.
<br />ASSIGNOR:
<br />Shafer-fro ment C
<br />i
<br />,, oel S ana ' Me er
<br />Pete V. Bristol, Member Sj I ! }
<br />Shafer Development LC
<br />N.W.A. Assiynmant of Lnses end R.I. Initials
<br />NEI4X X14469500529800003629020041002Y 91998 Banker, Systems, Inc., St. Cloud MN I., 5
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