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ASSIGNMENT OF RENTS 200206223
<br />Loan No: 3612493505 (Continued) Page 4
<br />the Credit Any party who falls or refuses to submit to arbitration following a demand by any other party shall bear all casts and expenses
<br />incurred by such other party In o mpelling arbitration of any Dispute. Arbitration may be demanded at any time, and may be nempclled by
<br />summary proceedings in Court, [he Institution and maintenance of an action for judicial relief or pursuit of a provisional or ancillary remedy
<br />shall not constitute a waiver of the right of any party, Including the plaintiff, to submit the controversy or claim to arbitration If any other
<br />party contests such action for judlrlal relief. The arbitrator shall award all costs and expenses of the arbitration proceeding. Nothing
<br />contained herein shall be deemed to be a waiver by any party that Is a bank of the protections afforded to it under 12 U.S.C. °91 or any
<br />similar applicable state law.
<br />No Waiver of Provisional Remedies, Self -Help and Foreclosure. The arbitration requirement does not limit the right of any party to (i)
<br />foreclose against reel or personal property collateral; in a. self -help remedies relating to collateral or proceeds of collateral such as
<br />setoff or repassi sslon; or (iii) obtain provisional Far anal liar, remedies such es replevin, Injunctive relief, attachment or the appointment of a
<br />receiver, before during ar after the pendency of any arbitration proceeding This exclusion does not constitute a waiver of the right or
<br />obligation of any party to submit any Dispute to arbitration or reference hereunder, Including these arising from the exercise of the actions
<br />derailed in sections (I), it and Illy of this paragraph
<br />Arbitrator Qualifications and Powers. Any arbitration proceeding in which the amount in controversy is $5,000,000.00 or less will be
<br />decided by a single arbitrator selected according to the Rules, and who shall not r render an award of greater than $5,000,000.00. Any
<br />Dispute in which the a ant In controversy a eete 55,000,000,00 shell be decided by majority vote of a panel of three arbiaamI
<br />provided however, that all three arbitrators must actively participate in all hearings and deliberations - Every arbitrator must he. a prambing
<br />attorney er a retired member of the state or federal judiciary, in either case with a minimum of ten years experience in the substantive law
<br />applicable to the subject matter of the Dispute, The arbitrator will determine whether or not an Issue Is arbitratable and will give effect to
<br />the statutes of limitation in determining any claim- In any arbitration proceeding the arbitrator will decide (by documents only or with a
<br />hearing at the arbitrator's discretion) any pre hearing motions which are similar to motions to dismiss for failure to state a claim or motions
<br />for summary adjudication. The arbitrator shall resolve all Disputes in accordance with the applicable substantive law and may grant any
<br />medy or relief that a court of such state could after or grant within the scope hereof and such ancillary relief as Is necessary to make
<br />effective any award. The arbitrator shall also have the power to award recovery of all costs and fees, to Impose sanctions and to take
<br />such other action as the arbitrator deems necessary to the same. extent a judge could pursuant to the Federal Rules of Civil Procedure, the
<br />applicable Stott, Rules of Civil Procedure, or other applicable law Judgment upon the award rendered by the arbitrator may be entered In
<br />any court having jurisdiction.
<br />Discovery. In any arbitration proccetling discovery will be permitted In accordance with the Rules. All discovery shall be expressly limited
<br />to matters directly relevant to the Dispute being arbitrated and must be completed no later than 20 days bolero the hearing date and within
<br />ISO days of the filing of the Dispute with the AAA. Any requests for an extension of the discovery periods, or any discovery disputes, will
<br />be subject to final determination by the arbitrator upon a showing that tiro request her discovery is essential for the party s presentation
<br />and that no alternative meant, for obtaining information Is available.
<br />Miscellaneous. To the maximum extent pratlu.ble, the AAA, Thu. arbitrators and the parties shall take all action required to conclude any
<br />Arbitration proceeding within ISO days of the filing of the Dispute with the AAA. The resolution of any Dispute shall be determined by a
<br />separate arbitration proceeding and such Dispute shall not be consolidated with other disputes or included in any class proceeding. No
<br />arbitrator or other party to an arbitration proceeding may disclose the existence, content o results thereof, except for disclosures of
<br />information by a parry required in the ordinary course of its business or by applicable law or regulation. If more than one agreement for
<br />arbitration by or between the parties potentially applies to a Dlappe, the arbitration provision most directly related to the documents
<br />hatwaen the parties or the subject matter of the Dispute shall control. This arbitration provision shall survive termination, amendment or
<br />expiration of any of the documents or any relationship hetw one the parties,
<br />FACSIMILE AND COUNTERPART. This document may be signed in any combat of separate copies, each of which shall be effective as an
<br />original, but all of which taken together shall constitute a single casement An elen[ronin transmission or other facsimile of this decuennt
<br />or any related document shall be deemed an original and shall be admissible as evidence of the document and the signer's execution.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Assignment
<br />Amendments. This Assignment, together with any Related Documents, constitutes the entire understanding and Agreement of the
<br />parties as to the matters set forth in this Assignment. No alteration of or mendment to this Assignment shall be effective unless
<br />given in writing and signed by the party or sorties sought to he charged or bound by the alteration or amendment.
<br />Caption Headings. Caption headings in this Assignment arc for coin rmenre purposes only and are not to be used to Interpret ar
<br />define the pmeepmw of Nis Assignment.
<br />Governing Law. This Assignment will be governed by, construed and enforced in accordance with federal law and the laws of the
<br />State of Nebraska. This Assignment has been accepted by Lender in the State of Nebraska.
<br />Merger. Tom shall be no merger of the interest or estate created by this assignment with any other Interest or estate In the Property
<br />at any time held by or for tl e benefit of Lander in any capacity, without the written consent of Lender.
<br />Interpretation. (I I In all cases where here Is mine than n e Borrower or Grantor, then all words used is this Assignment In the
<br />singular shall be deemed to have been used In the plural where the context and construction so require- (2) If more then one person
<br />signs this Assignment as 'GAFF the obligations of each Grantor are joint and several. This means that If Lender brings a lawsuit
<br />Lender mays any one o Grantor of the Grantors. If Borrower and G a not the a e person, Lender need not sue Borrower
<br />first, and that Borrow or Fund hot be joined in any lawsuit Of Then s given to paragraphs or sections in this Assignment are far
<br />convenience purposes only. I hey are not to be used to Inmmrar or define the provisions of Finis Assignment.
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Assignment unless such waiver is given In
<br />writing and signed by Lender. No delay or omission on the part of Lender In exernisire, any right shall operate as a waiver of such
<br />right or any other right. A w er by lender of a provision of this Assignment and 11 not prejudice o constitute a we Iver of Lender's
<br />right otherwise to demand strict cmnpllaneo with that provision or any other provision of this Assignment Nn prior waiver by Lender,
<br />nor any c of dealing between Lender and Grunter, shall a ictitmi, a r of any of Lender's rights or of any of Grantor's
<br />course waive
<br />obligations u � to any future transaalons. Whenever the consent of Lender is required under this Assignment, the granting of suoM1
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