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Loin No: 9002 ASSIG(Contin ed)RENTS <br />200204933 Pa0a3 <br />rind the Indebtedness. This includes a gmashtherat of any, of Grantor's accounts. Including depoet sago al win Lander. <br />However. this Event of Default shall not apply d there is a good faith dispute by Grantor as to the validity or reesonabeaness of Ne <br />claim which is the bead. of ale creditor, or forfeiture proceeding and if Gmntur give. Lends writim notice of Me .,editor ax forfeiture <br />pmceedog and diepo.iv with Lends moans or . surety bond for the creditor car fodaltore prmeedia, as an amount determined by <br />Lands, in its seta diaoretion, es being an adequate reserve or bond far the dispute, <br />property, Damage ar Loss. The Property is laal, stolen, substantially damaged, sold. or borrowed agenat. <br />Events Affecting Ouvcomen, Any of the preceding wants occur. with respect to any Guarantor of any of the Indebtedness or any <br />Guarantor dies or becomes Incompetent. or revokes or disputes This validity of, or liability under, any Guaranty of the IndebteJnm. <br />Adverso Change. A material adverse change occurs in Grantor's financial condition, or Lender baliwes the prospect of payment or <br />perfarmence of the Indebtedness is impaired. <br />Insecurity. Lender no goad faith believes hssf insecure. <br />RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, Lends may exsclss any <br />One or more of The following rights and remedies, In addition to any other rights or rnmedis provided by law: <br />Accelerate Indebtedness. Lander .hail have the right at its option to declare the antk. Indebtedness immediately due and payable, <br />including any prepayment penalty which Grantor would be required to pay. <br />Collect Rents. Linder shall have the right, without notice to Grantor, to take possession of The Property and collect the Rants, <br />including amounts past due and unpaid, and apply the net proceeds, over and above Lender's coats, against the Indabteduss. In <br />furtherance of this right, Lender shall have all the rights provided for in the Lander'. Right to Receive and Collect Rea Section. <br />above. If the Ronne are collected by Lands, then Grantor nrwocebly designates Lands as Grantor'. attorney -ndact to andone <br />instruments received in payman: thereof in the name of Grantor and to negotiate the same and collect the proceeds Paymano by <br />renants or ether users to Lender in ...pane. to Landar's demand shall satisfy the obligations for which The payments se made, <br />whether or not any proper grounds for the demand existed. Lender may exercise is right. under this subparagraph ether in person. <br />by agent, or through a receiver. <br />Appoint R.calwar. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with <br />the power to protect and preserve The property, To operate the Property preceding foreclosure or sale, and to collect the Rants from <br />the Property and apply the proceeds, over and above the east of the receivership, against the Indebtedness. The receive may serve <br />without bond if permitted by law. Lender's right to The appointment of a reoaivs shall exist whether or not the apparent value of the <br />Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a <br />receiver. <br />Other Remedies. Lender shall have all other rights and remedies provided in this Assignment or the Note or by law. <br />Election of Remedies. Election by Lender to pursue any remedy shall not exclude puraut of any other remedy, and on section to make <br />sxpandituras or to take action to perform an obligation of Grantor under this Assignment, after Grantor's failure to perform, shall not <br />affect Lender 's right to declare a defeat, and ..s ciao its remedies. <br />Attorneys Fus; Expense.. If Lender inatituts any suit or action to enforce any of the tome of This Assignment, Lender shall its <br />n:itled to recover such s m as the court may adjudge reasonable as attorneys' firs at trial and upon say appear. P/hathar or not any <br />court action is involyed, and to the extent not prohibited by law, all noticeable expanses Lender nnora that in Land.... opnion ere <br />necessary at any time for the protection of its interest or the enforcament of its rights shall become a part of the Indebtedness payable <br />on demand ..a shall bear interest at the Not. rate from The date of the expenditure until repaid. Expenses covered by this paragraph <br />include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Landss legal expends, <br />whether or not there is a lawsuit, including attorneys' feet and expenses for bankruptcy proceedings (including effort, to modify or <br />cafe any automatic stay or injunction), appeals, and any anticipated post - judgment collection services, the cost of searching <br />cords, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fast, title Insurance, and fast for the <br />Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by <br />law_ <br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Assignment <br />Amendment.. This Assignment together with any Related Documents. constitutes the entire understanding and agreement of Me <br />parties as to the matters set forth in this Assignment No alteration of or amendment to this Assignment shall be effective areas <br />,Ivan in writing and signed by the party or parties sought to be charged or bound by the .Iteration or amendment. <br />Carman Heading.. Caption headings is this Assignment are for convenience purposes only and are not to be used to interpret or <br />define the provisions of this Assignment. <br />Governing Law. This Assignment will be govemedi by, construed and enforced n accordance with federal law and the laws of the <br />State of Kanto., except and only to The extent of procedural manor. related to the psiltation and enforcement of LlrMar's rights and <br />remedies against the Property, which matters shall W govemed by the laws of the State of Nebraska. Howawq In du event that that <br />enforceability or validity of any provision of this Assignment Is challenged or questioned. such provision shall M grssmad by <br />whichever applicable hate or federal law would uphold or ould enforce such challenged or questioned provision. Thai ban <br />transaction which Is evidenced by the Note and this Assignment has been apptiod for, considered. approved and made, and all <br />necessary loan documents have teen accepted by Lender In the Stare of Kansas. <br />Merger. There shall be no merger of the interest or estate created by this assignment with any other Interest Or estate in me Property <br />at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. <br />Interpretation. 11) In all cases where there is more than one Borrower or Grantor, than all word. used in this Assignment in the <br />singular 1h.11 be deemed to have been used n the plural where the context and construction so require, (2) If more than one person <br />signs this Assignment as "Grantor," the obligations of each Grantor are joint and sews. This means that 11 Lender bags a laweuiq <br />