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<br />" <br /> <br />Loan No: 7680517335 <br /> <br />ASSIGNMENT OF RENTS 20070 9 '-t 5 J- <br />(Continued) <br /> <br />Page 2 <br /> <br />Right to Assign. Grantor has the full right, power and authority to enter into this Assignment and to assign and convey the Rents to <br />lender. <br /> <br />No Prior Assignment. Grantor has not previously assigned or conveyed the Rents to any other person by any instrument now in force. <br /> <br />No Further Transfer. Grantor will not sell, assign, encumber, or otherwise dispose of any of Grantor's rights in the Rents except as <br />provided in this Assignment. <br /> <br />lENDER'S RIGHT TO RECEIVE AND COLLECT RENTS. Lender shall have the right at any time, and even though no default shall have <br />occurred under this Assignment, to collect and receive the Rents. For this purpose, lender is hereby given and granted the following <br />rights, powers and authority: <br /> <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 /> <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, and 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 become a part of the Indebtedness and, at lender's option, will (A) 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 />(1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (e) 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 Joan, 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 />