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<br />ASSIGNMENT OF RENTS 200213770
<br />Loan No: 795514652 (Continued) Page 5
<br />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
<br />be subject to final determination by the arbitrator upon a showing that the request for discovery is essential for the party's presentation
<br />and that no alternative means for obtaining information is available.
<br />Miscellaneous. To the maximum extent precticshle, the AAA, the arbitrators and the parties shall take all action required to conclude any
<br />arbitration proceeding within 180 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 olfinalion proceeding may disclose the existence, content or results thereof, except for disclosures of
<br />information by a party 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 Dispute, the arbitration provision most directly related to the documents
<br />between 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 between the parties.
<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 sat forth in this Assignment. No alteration of or amendment to this Assignment shall be effective unless
<br />given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.
<br />Caption Headings. Caption headings in 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 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 Lander in the State of Nebraska.
<br />Merger. There 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 the benefit of Lender in any capacity, without the written consent of Lender.
<br />Interpretation. (1) In all cases whore there is more than one Borrower or Grantor, then all words used in this Assignment in the
<br />singular shall he 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 "Grantor," the obligations of each Grantor are joint and several. This means that If Lander brings a lawsuit.
<br />Lender may sue any one or more of the Grantors. If Borrower and Grantor are not the same person, Leader need not sue Borrower
<br />first, and that Borrower need not be joined In any lawsuit. (3) The names given to paragraphs or sections in this Assignment are for
<br />convenience purposes only. They are not to be used to Interpret at define the provisions of this Assignment.
<br />No Waiver by Lender. Lender shell not be deemed to have waived any rights under this Assignment unless such waiver is given in
<br />writing and signed by Lander. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such
<br />right or any other right. A waiver by Lender of a provision of this Assignment shall not prejudice or constitute a waiver of Lender's
<br />right otherwise to demand strict compliance with that provision or any other provision of this Assignment. No prior waiver by Lender,
<br />not any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's
<br />obligations as to any future transactions. Whenever the consent of Lender is required under this Assignment, the granting of such
<br />consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent Is required and
<br />in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br />Notices. Any notice required to be given under this Assignment shall be given in writing, and shall be effective when actually
<br />delivered, when actually received by telefacslmlle (unless otherwise required by law), when deposited with a nationally recognized
<br />overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid,
<br />directed to the addresses shown near the beginning of this Assignment. Any party may change Its address for notices under this
<br />Assignment by giving formal written rectica to the other parties, specifying that the purpose of the notice is to change the party's
<br />address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise
<br />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
<br />to all Grantors.
<br />Powers of Attorney. The various agencies and powers of attorney conveyed on Lender under this Assignment are granted for
<br />purposes of security and may not be revoked by Grantor until such time as the same are renounced by Lender.
<br />Severabllhy. It a court of competent Jurisdiction finds any provision of this Assignment to be illegal, invalid, or unenforceable as to
<br />any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If
<br />feasible, the offending provision shell be considered modified so that it becomes legal, valid and enforceable. If the offending
<br />provision cannot be so modified, It shall be considered deleted from this Assignment. Unless otherwise required by law, the illegality,
<br />invalidity, of unentorc.suhty of any provision of this Assignment shall not affect the legality, validity or enforceability of any other
<br />provision of this Assignment.
<br />Successors and Assigns. Subject to any limitations stated In this Assignment on transfer of Grantor's interest, this Assignment shall
<br />be binding upon and lauto to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in
<br />a parson other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Assignment
<br />and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Assignment of liability
<br />under the indebtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this Assignment.
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