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00000000000000090 <br />ASSIGNMENT OF RENTS <br />Loan No: 4360736681 (Continued) 200214136 Pogo <br />Notice to Tenants. Lender may send notices to any and all tenants of the Property advising them of this Assignment and directing all <br />Rents to be paid directly to Lender or Lender's agent. <br />Enter the Property. Lender may enter upon and take possession of the Property; demand, collect and receive from the tenants or from <br />any other persons liable therefor, all of the Rents; institute and carry on all legal proceedings necessary for the protection of the <br />Property, including such proceedings as may be necessary to recover possession of the Property: collect the Rents and remove any <br />tenant or tenants or arbor persons from the Property. <br />Maintain the Property. Lender may enter upon the Property to maintain the Property and keep the same in repair; to pay the costs <br />thereof and of ell services of all employees, including their equipment, and of all continuing costs and expenses of maintaining the <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 and comply with the laws of the State of Nebraska and also all <br />other laws, rules, orders, ordinances and requirements of all other governmental agencies affecting the Property. <br />Lease the Preplan. Lender may rent or lease the whole or any pert of the Property for such term or terms and on such conditions as <br />Lander may deem appropriate. <br />Employ Agents. Lender may engage such agent or agents as Lander 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 Lender shall have <br />performed one or more of the foregoing acts or things shall not require Lender to do any other specific act or thing. <br />APPLICATION OF RENTS. All costs and expenses incurretl by Lender in connection with the Property shall be for Grantor's account and <br />Lander may pay such costs 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 made by Lender under this Assignment and not reimbursed from the Rents shall become a part of the <br />Indebtedness secured by this Assignment, and shall be payable on demand, with interest at the Note rate from dais of expenditure until <br />paid. <br />FULL PERFORMANCE. If Grantor pays all of the Indebtedness when due and otherwise performs all the obligations imposed upon Grantor <br />under this Assignment, the Note, and the Related Documents, Lender shell execute and deliver in Grantor a suitable satisfaction of this <br />Assignment and suitable statements of termination of any financing statement on file evidencing Lender's security interest In the Rents and <br />the Property. Any termination tea required by law shall be paid by Grantor, if permitted by applicable law. <br />LENDER'S EXPENDITURES. If any action or proceading is commenced that would materially affect Lender's interest in the Property or if <br />Grantor fails 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 be obligated tot take any action that Lender deems appropriate, including but not limited to <br />discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Rents or the <br />Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for <br />such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment <br />by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (AI be payable on demand; IS) be <br />added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either <br />111 the term of any applicable insurance policy; or (2) the remaining term of the Note: or (C) be treated as a balloon payment which 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, at Lender's option, shall constitute an Event of Default under this Assignment: <br />Payment Default. Grantor fails to make any payment when due under the Indebtedness. <br />Other Defaults. Grantor fails to comply with or to perform any other farm, obligation, covenant or condition contained in this <br />Assignment or in 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 within the time required by this Assignment to make any payment for taxes or <br />insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. <br />Default in Favor of Third Panics. Grantor defaults under any loan, extension of credit, Security agreement, purchase or sales <br />agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or <br />Grantor's ability to perform Grantor's obligations under this Assignment or any of the Related Documents. <br />False Statements. Any warranty, 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 />