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200206223 <br />ASSIGNMENT OF RENTS <br />Loan No: 3612493505 (Continued) Page 2 <br />Property in proper repair and condition, and also to pay all taxes, assessments and water utilities, and the premiums on fire and other <br />insurance effected by Lender on the Property. <br />Compliance with Laws. Lender may do any and all things to execute antl c reply with the laws of the State of Nebraska and also all <br />other laws, rotor, orders, ordinances and requirements of all other governmental agencies 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 on such conditions as <br />Lender may deem appropriate. <br />Employ Agents. Lender may engage such agent or agents as Lender may deem appropriate, either in Lender's name or in Grantor's <br />name, to rent and manage the Property, including the collection and application of Rents. <br />Other Acts. Lender may do all such other things and acts with respect to the Property as Lender may deem appropriate and may act <br />exclusively and solely In the place and stead of Grantor and to have all of the powers of Grantor for the purposes stated above. <br />No Requirement to Act. Lender shall not be required to do any of the foregoing acts or things, and the fact that I. ender shall have <br />performed one or more of the foregoing ants or things shall not require Lender to do any other specific act or thing <br />APPLICATION OF RENTS. All costs and expenses incurred by Lender in connection with the Property shall be for Grantor's account and <br />Lender may pay such casts and expenses from the Rents Lender, in its sole discretion, shall determine the application of any and all Rents <br />received by it; however, any such Rents received by Lender which are not applied to such costs and expenses shall be applied to the <br />Indebtedness. All expenditures matle by I andar under this Assignment and not reimbursed from the Rents shall become a part of the <br />Indebtedness secured by this Asslgmnent. and shall he payable on demand, with interest at the Note rate from date of expenditure until <br />paid, <br />FULL PERFORMANCE. If Grantor pave all of the Indebtedness when due and otherwise performs all tie obligations imposed upon Grantor <br />under this Assignment. the Note, and the Related Documents, Lender shall execute and deliver to Grantor a sortable satisfaction of he <br />Assignment and suitable statements of termination of any finanning statement on file evidencing Lender's security interest in the Rents and <br />the Property. Any termination fee required by law shall be paid by Grantor, it permitted by applicable law. <br />LENDER'S EXPENDITURES. If any action ar proceeding is commenced that would materially affect Lender's Interest in the Property or If <br />Grantor fells to comply with any provision of this Assignment or any Related Documents, including but not limited to Grantor's failure to <br />discharge or pay when due any amounts Grantor Is required to discharge or pay under this Assignment or any Related Documents, Lender <br />on Grantor's behalf may (but shall not he obligated tot take any action that Lender deems appropriate, including hot not limited to <br />discharging or paying .II taxes, Ilene, security interests, encumbrances and other claims, at any time levied or placed on the Rents or the <br />Property and paying all nests for insuring, maintaining and preserving the Property- All such expenditures incurred or paid by Lender for <br />each purposes will then bear interest at the rate cheryed under the Note from the dace incurred or paid by Lender to the data of repayment <br />by Grantor. All such expenses will become a part of the Indebtedness and, at Lender s option, will Ae be, payable on demand; Gh be <br />added to the balance of the Note and be apportioned among and be payable with any installment payments to became due during either <br />(11 the term of any applicable Insurance polioy; or )2) the rem a l ning term of Ile Nate; or IC) be treated as a be l lour) payment whl on will <br />be due and payable at the Note's maturity. The Assignment also will secure payment of these amounts. Such right shall be in addition to <br />all other rights and remedies to which Lender may be entitled upon Default. <br />DEFAULT. Each of the following, M Lender's option, shall constitute an Event of Default under this Assignment. <br />Payment Default. Grantor falls to make any payment when due under the Indebtedness. <br />Other Defaults. Grantor falls to comply with or to perform any other term, obligation, covenant or condition contained in this <br />Asslgmnent o any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained <br />In any other agreement between Lender and Grantor. <br />Default on Other Payments. Failure of Grantor wlllin the time required by this Assignment to make any payment fur taxes or <br />insurance, or any other Vm mant necessary to prevent title, al ar to enact discharge of any lien. <br />Default in Favor of Third Parties. Grantor defaults under any loan, extension of credit, security agreamen r purchase or sales <br />agreement, or any other agreement, in favor of any other creditor or person that may materially affect any at Grantor's property or <br />Grantors ability to perform Grantor's obligations Under this Assignment or any of the Raised Documents. <br />False Statements. Any womanly, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under <br />this Assignment or the Related Documents Is false or misleading in any material respect, either now or at the time made or furnished <br />or becomes false or misleading at any time thereafter_ <br />Detective Collaterelizatiram This Assignment or any of the Related Documents ceases to bo in full terse and effect )including failure of <br />any collateral document to create a valid and perfected security (merest or lien) at any time and for any reason. <br />Insolvency. The dissalution car termination of Grantor's existence as a going business, the Insolvency of Grantor, the appointment of a <br />renelver for any part of Grantor's property, any assignment far the benefit of deactivator any type of creditor workout, or the <br />commencement of any proceeding under any bankruptcy or Insolvency laws by or against Grantor. <br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, salf -halp, <br />repossession or any other method, by any creditor of Grantor or by any govermnenlal agency against the Rents or any property <br />accuring the Indebtedness. This Induces a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. <br />However, this Event of Default shall not apply If there is a good faith dispute by Grantor as to the validity or reasnnahlaness of the <br />claim which Is the basis of the creditor or forfeiture proceeding and If Grantor gives Lentler written notice at the creditor or forfeiture <br />proceeding and deposits with Lender monies or a surety hand for the creditor or forfeiture proceadingr in an amount determined by <br />Lender, In Its sale discretion, as haing an adequate reserve, or band for the dispute. <br />Property Damage or Loss. the Property is lost, stolen, substantially damaged, sold, or borrowed agalrist. <br />Events Affecting Guarantor. Any of the Preparing events occurs with respect to any Guarantor of any of the Indebtedness or any <br />