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<br />Loan No: 6678673
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<br />ASSIGNMENT OF RENTS
<br />(Continued)
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<br />200805859
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<br />Page 3
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<br />Other Remedies. Lender shall have all other rights and remedies provided in this Assignment or the Note or by law,
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<br />Elaction of Ramadias. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make
<br />expenditures or to take action to perform an obligation of Grantor under this Assignment, after Grantor's failure to perform, shall not
<br />affect Lender's right to declare a default and exercise its remedies.
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<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Assignment, Lender shall be
<br />entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any
<br />court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are
<br />necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable
<br />on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph
<br />include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses,
<br />whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br />vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching
<br />records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the
<br />Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by
<br />law.
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<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Assignment:
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<br />Amendments. This Assignment, together with any Related Documents, constitutes the entire understanding and agreement of the
<br />parties as to the matters set 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.
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<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.
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<br />Govarning Law. This Assignment will be governed by federal law applicable to Lender and, to the extent not preempted by federal
<br />law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This Assignment has been accepted by
<br />Lender in the State of Nebraska.
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<br />Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of LINCOLN
<br />County, State of Nebraska.
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<br />Marger. 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,
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<br />Interpretation. (1) In all cases where there is more than one Borrower or Grantor, then all words used in this Assignment in the
<br />singular shall be deemed to have been used in the plural where the context and construction so require. (2) If more than one person
<br />signs this Assignment as "Grantor," the obligations of each Grantor are joint and several. This means that if Lender brings a lawsuit,
<br />Lender may sue anyone or more of the Grantors. If Borrower and Grantor are not the same person, Lender 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 or define the provisions of this Assignment.
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<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Assignment unless such waiver is given in
<br />writing and signed by Lender. 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 Lendar 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 />nor 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 ba granted or withheld in the sole discretion of Lender.
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<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 telefacsimile (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 notice 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.
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<br />Powars 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.
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<br />Severability. If 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 shall 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, or unenforceability of any provision of this Assignment shall not affect the lagality, validity or enforceability of any other
<br />provision of this Assignment.
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<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 inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in
<br />a person 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 or liability
<br />under the Indebtedness.
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<br />Time is of the Essence. Time is of the essence in the performance of this Assignment.
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<br />Waive Jury. All parties to this Assignment hereby waive the right to any jury trial in any action. proceeding, or counterclaim brought
<br />by any party against any other party.
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<br />WAIVER OF HOMESTEAD EXEMPTION. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of
<br />the State of Nebraska as to all Indebtedness secured by this Assignment.
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<br />WAIVER OF RIGHT OF REDEMPTION. NOTWITHSTANDING ANY OF THE PROVISIONS TO THE CONTRARY CONTAINED IN THI.S
<br />ASSIGNMENT, -GflANTQRT-IEREBY WAIVES ANY AND All RIGHTS" UF REDl:rJfpl'lOfrPROM- SAL{U-NDER ANY ORDER OR JUDGMENT
<br />OF FORECLOSURE ON GRANTOR'S BEHALF AND ON BEHALF OF EACH AND EVERY PERSON, EXCEPT JUDGMENT CREDITORS OF
<br />GRANTOR, ACQUIRING ANY INTEREST IN OR TITLE TO THE PROPERTY SUBSEQUENT TO THE DATE OF THIS ASSIGNMENT.
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<br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Assignment. Unless
<br />specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America.
<br />Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words
<br />and terms not otherwise defined in this Assignment shall have the meanings attributed to such terms in the Uniform Commercial Code:
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<br />Assignment. The word "Assignment" means this ASSIGNMENT OF RENTS, as this ASSIGNMENT OF RENTS may be amended or
<br />modified from time to time, together with all exhibits and schedules attached to this ASSIGNMENT OF RENTS from time to time.
<br />
<br />Borrower. The word "Borrower" means TRI-CITY PROPERTIES, L.L.C..
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<br />Default. The word" Default" means the Default set forth in this Assignment in the section titled" Default" .
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<br />Event of Default. The words "Event of Default" mean any of the events of default set forth in this Assignment in the default section
<br />of this Assignment.
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<br />Grantor. The word "Grantor" means TRI-CITY PROPERTIES, L.L.C..
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