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<br />G. Misrepresentation. Assignor makes any verbal or written statement or provides any financial information
<br />that is untrue, inaccurate, or conceals a material fact at the time it is made or provided.
<br />H. Judgment. Assignor fails to satisfy or appeal any judgment against Assignor.
<br />I. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a legal
<br />authority.
<br />J. Name Change. Assignor changes Assignor's name or assumes an additional name without notifying
<br />Lender before making such a change.
<br />K. Property Transfer. Assignor transfers all or a substantial part of Assignor's money or property. This
<br />condition of default, as it relates to the transfer of the Property, is subject to the restrictions contained in the
<br />DUE ON SALE section.
<br />L. Property Value. Lender determines in good faith that the value of the Property has declined or is impaired.
<br />M. Material Change. Without first notifying Lender, there is a material change in Assignor's business,
<br />including ownership, management, and financial conditions.
<br />N. Insecurity. Lender determines in good faith that a material adverse change has occurred in Assignor's
<br />financial condition from the conditions set forth in Assignor's most recent financial statement before the date
<br />of this Assignment or that the prospect for payment or performance of the Secured Debts is impaired for any
<br />reason.
<br />15. REMEDIES. After Assignor defaults, and after Lender gives any legally required notice and opportunity to
<br />cure the default, Lender may at Lender's option do any one or more of the following.
<br />A. Acceleration. Lender may make all or any part of the amount owing by the terms of the Secured Debts
<br />immediately due.
<br />B. Additional Security. Lender may demand additional security or additional parties to be obligated to pay
<br />the Secured Debts.
<br />C. Sources. Lender may use any and all remedies Lender has under Nebraska or federal law or in any
<br />document relating to the Secured Debts.
<br />D. Insurance Benefits. Lender may make a claim for any and all insurance benefits or refunds that may be
<br />available on Assignor's default.
<br />E. Payments Made On Assignor's Behalf. Amounts advanced on Assignor's behalf will be immediately due
<br />and may be added to the Secured Debts.
<br />F. Rents. Lender may terminate Assignor's right to collect Rents and directly collect and retain Rents in
<br />Lender's name without taking possession of the Property and to demand, collect, receive, and sue for the
<br />Rents, giving proper receipts and releases. In addition, after deducting all reasonable expenses of collection
<br />from any collected and retained Rents, Lender may apply the balance as provided for by the Secured Debts.
<br />G. Entry. Lender may enter, take possession, manage and operate all or any part of the Property; make,
<br />modify, enforce or cancel or accept the surrender of any Leases; obtain or evict any tenants or licensees;
<br />increase or reduce Rents; decorate, clean and make repairs or do any other act or incur any other cost Lender
<br />deems proper to protect the Property as fully as Assignor could do. Any funds collected from the operation
<br />of the Property may be applied in such order as Lender may deem proper, including, but not limited to,
<br />payment of the following: operating expenses, management, brokerage, attorneys' and accountants' fees,
<br />the Secured Debts, and toward the maintenance of reserves for repair or replacement. Lender may take
<br />such action without regard to the adequacy of the security, with or without any action or proceeding,
<br />through any person or agent, or receiver to be appointed by a court, and irrespective of Assignor's
<br />possession.
<br />The collection and application of the Rents or the entry upon and taking possession of the Property as set
<br />out in this section shall not cure or waive any notice of default under the Secured Debts, this Assignment, or
<br />invalidate any act pursuant to such notice. The enforcement of such remedy by Lender, once exercised,
<br />shall continue for so long as Lender shall elect, notwithstanding that such collection and application of Rents
<br />may have cured the original default.
<br />H. Waiver. Except as otherwise required by law, by choosing any one or more of these remedies Lender
<br />does not give up any other remedy. Lender does not waive a default if Lender chooses not to use a remedy.
<br />By electing not to use any remedy, Lender does not waive Lender's right to later consider the event a default
<br />and to use any remedies if the default continues or occurs again.
<br />16. TERM. This Assignment will remain in full force and effect until the Secured Debts are paid or otherwise
<br />discharged and Lender is no longer obligated to advance funds under any loan or credit agreement which is a
<br />part of the Secured Debts. If any or all payments of the Secured Debts are subsequently invalidated, declared
<br />void or voidable, or set aside and are required to be repaid to a trustee, custodian, receiver or any other party
<br />under any bankruptcy act or other state or federal law, then the Secured Debts will be revived and will continue
<br />in full force and effect as if this payment had not been made.
<br />17. CO- SIGNERS. If Assignor signs this Assignment but is not otherwise obligated to pay the Secured Debts,
<br />Assignor does so only to assign Assignor's interest in the Property to secure payment of the Secured Debts and
<br />Assignor does not agree by signing this Assignment to be personally liable on the Secured Debts. If this
<br />Assignment secures a guaranty between Lender and Assignor, Assignor agrees to waive any rights that may
<br />prevent Lender from bringing any action or claim against Assignor or any party indebted under the obligation.
<br />These rights may include, but are not limited to, any anti - deficiency or one - action laws.
<br />18. CONSTRUCTION LOAN. This Assignment secures an obligation incurred for the construction of an
<br />improvement on the Property.
<br />19. APPLICABLE LAW. This Assignment is governed by the laws of Nebraska, the United States of America,
<br />and to the extent required, by the laws of the jurisdiction where the Property is located, except to the extent
<br />such state laws are preempted by federal law.
<br />JLF, LLC
<br />Nebraska Assignment of Leases and Rents Initials
<br />NE/ 4XX28333000937100005187024120706Y m1996 Bankers Systems, Inc., St. Cloud, MN Ex� Page 5
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