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08.06.2008 200807162 File No. 16.471 allowed and included as additional indebtedness in the decree for sale or other judgment or decree all expenditures and expenses which may be paid or incurred by or on behalf of Lender for attorneys' fees, appraiser's fees, outlays for documentary and expert evidence, stenographers' charges, publication costs, and costs (which may be estimated as to items to be expended after entry of the decree) of procuring all such abstracts of title, title searches and examinations, title insurance policies, and similar data and assurances with respect to title as Lender may deem reasonably necessary either to prosecute such suit or to evidence to bidders at any sale which may be had pursuant to such decree the true condition of the title to or the value of the Mortgaged Property. All expenditures and expenses of the nature in this paragraph mentioned, and such expenses and fees as may be incurred in the protection of the Mortgaged Property and the maintenance of the lien of this Assignment, including the fees of any attorney employed by Lender in any litigation or proceeding affecting this Assignment or the Mortgaged Property, including probate and bankruptcy proceedings or in preparation for the commencement or defense of any proceeding or threatened suit or proceeding, shall be immediately due and payable by Borrower, with interest thereon at the Default Rate set forth in the Promissory Note, and shall be secured by this Assignment. 14. COUNTERPARTS. This Assignment may be executed in two or more counterparts and shall be deemed to have become effective when and only when one or more of SUCh counterparts shall have been signed by or on behalf of each of the parties hereto, although it shall not be necessary that any signed counterpart be signed by or on behalf of each of the parties hereto, and all such counterparts shall be deemed to constitute but one and the same instrument. 15. GOVERNING LAWS; SEVERABILITY. This Assignment shall be governed by and construed under the laws of the state where the Real Property is located. In case any of the provisions of this Assignment shall at any time be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable for any reason, such illegality, invalidity or unenforceability shall not affect the remaining provisions of this Assignment, and this Assignment shall be construed and enforced as if all such illegal, invalid or unenforceable provisions had never been inserted herein. 16. MODIFICATION. This Assignment may not be modified without the prior written consent of the Lender. The Leases may not be modified in any respect without the prior written consent of Lender. IN WITNESS WHEREOF, Borrower has executed this Assignment on the date set forth in the acknowledgment attached hereto and effective as of the date first above written. BORROWER: VILLAGE DEVELOPMENT- GRAND ISLAND, LLC, A Nebraska Limited Li~ny ----- r-:\~_ Cl R, Pr' L By: .~ Tamas R. Allan, Manager STATE OF NEBRASKA ) ) ss. COUNTY OF LANCASTER ) The foregoing instrument was acknowledged before me, a Notary Public, this l??day of August, 2008, by Tamas R. Allan, Manager of Village Development-Grand Island, LLC, a Nebraska limited liability company, on behalf of said limited liability company. J;ENERAl NOTARY-State 01 Nebraska JENNIFER J. STRAND My Comm. Exp. Oct. 21, 2008 Assignment of Rents and Leases, Page 6 #553519.v1