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<br />Loan No: 9003 <br /> <br />ASSIGNMENT OF RENTS <br />(Continued) <br /> <br />200706587' <br /> <br />Page 2 <br /> <br />Rents to be paid directly to Lender or Lender's agent. <br /> <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 carryon 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 other persons from the Property. <br /> <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 all 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 /> <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 /> <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 /> <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 /> <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 /> <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 /> <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 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, ane! shall be payable on demand. with interest at the Note rate from date of expenditure until <br />paid. <br /> <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 shall execute and deliver to 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 fee required by law shall be paid by Grantor, if permitted by applicable law. <br /> <br />LENDER'S EXPENDITURES. If any action or proceeding 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 to) 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 IJacome a part of the Indebtedness and, at Lender's option, will (AI be payable on demand; (8) 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 />(11 the term of any applicable insurance policy; or (21 the remaining term of the Note; or (el 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 /> <br />DEFAULT. Each of the following, at lender's option, shall constitute an Event of Default under this Assignment: <br /> <br />Payment Default, Grantor fails to make any payment when due under the Indebtedness. <br /> <br />Other Defaults. Grantor fails to comply with or to perform any other term, 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 /> <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 /> <br />Default in Favor of Third Parties. 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 /> <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 misleae!ing at any time thereafter, <br /> <br />Defective Collateralization. This Assignment or any of the Related Documents ceases to be in full force and effect (including failure of <br />any collateral document to create a valid and perfected security interest or lienl at any time and for any reason. <br /> <br />Death or Insolvency. The dissolution of Grantor's (regardless of whether election to continue is madel. any member withdraws frolll <br />the limited liability company, or any other termination of Grantor's existence as a going business or the death of any member, the <br />insolvency of Grantor. the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, <br />any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against <br />Grantor. <br />