<br />200808200
<br />
<br />F. Rents. lender may terminate Assignor's right to collect Rents and directly collect and retain Rents in lender's
<br />name without taking possession of the Property and to demand, collect, receive, and sue for the Rents, giving
<br />proper receipts and releases. In addition, after deducting all reasonable expenses of collection from any collected
<br />and retained Rents, lender may apply the balance as provided for by the Secured Debts.
<br />
<br />G. Entry. lender may enter, take possession, manage and operate all or any part of the Property; make, modify,
<br />enforce or cancel or accept the surrender of any leases; obtain or evict any tenants or licensees; increase or
<br />reduce Rents; decorate, clean and make repairs or do any other act or incur any other cost lender deems proper
<br />to protect the Property as fully as Assignor could do. Any funds collected from the operation of the Property may
<br />be applied in such order as lender may deem proper, including, but not limited to, payment of the following:
<br />operating expenses, management, brokerage, attorneys' and accountants' fees, the Secured Debts, and toward
<br />the maintenance of reserves for repair or replacement. lender may take such action without regard to the
<br />adequacy of the security, with or without any action or proceeding, through any person or agent, or receiver to be
<br />appointed by a court, and irrespective of Assignor's possession.
<br />
<br />The collection and application of the Rents or the entry upon and taking possession of the Property as set out in
<br />this section shall not cure or waive any notice of default under the Secured Debts, this Assignment, or invalidate
<br />any act pursuant to such notice. The enforcement of such remedy by lender, once exercised, shall continue for
<br />so long as lender shall elect, notwithstanding that such collection and application of Rents may have cured the
<br />original default.
<br />
<br />H. Waiver. Except as otherwise required by law, by choosing anyone or more of these remedies lender does
<br />not give up any other remedy. lender does not waive a default if lender chooses not to use a remedy. By
<br />electing not to use any remedy, lender does not waive lender's right to later consider the event a default and to
<br />use any remedies if the default continues or occurs again.
<br />
<br />14. 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 part of
<br />the Secured Debts. If any or all payments of the Secured Debts are subsequently invalidated, declared void or
<br />voidable, or set aside and are required to be repaid to a trustee, custodian, receiver or any other party under any
<br />bankruptcy act or other state or federal law, then the Secured Debts will be revived and will continue in full force and
<br />effect as if this payment had not been made.
<br />
<br />15. 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 Assignment
<br />secures a guaranty between lender and Assignor, Assignor agrees to waive any rights that may prevent lender
<br />from bringing any action or claim against Assignor or any party indebted under the obligation. These rights may
<br />include, but are not limited to, any anti-deficiency or one-action laws.
<br />
<br />16. FIXTURE FILING. Assignor gives to lender a security interest in all goods that Assignor owns now or in the
<br />future and that are or will become fixtures related to the Property.
<br />
<br />17. PERSONAL PROPERTY. Assignor gives to lender a security interest in all personal property located on or
<br />connected with the Property, including all farm products, inventory, equipment, accounts, documents, instruments,
<br />chattel paper, general intangibles, and all other items of personal property Assignor owns now or in the future and
<br />that are used or useful in the construction, ownership, operation, management, or maintenance of the Property (all of
<br />which shall also be included in the term Property). The term "personal property" specifically excludes that property
<br />described as "household goods" secured in connection with a "consumer" loan as those terms are defined in
<br />applicable federal regulations governing unfair and deceptive credit practices.
<br />
<br />18. APPLICABLE lAW. This Assignment is governed by the laws of Nebraska, the United States of America, and to
<br />the extent required, by the laws of the jurisdiction where the Property is located, except to the extent such state laws
<br />are preempted by federal law.
<br />
<br />19. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Assignor's obligations under this Assignment
<br />are independent of the obligations of any other Assignor. lender may sue each Assignor individually or together with
<br />any other Assignor. lender may release any part of the Property and Assignor will
<br />Ronald L. Follmer -z:y-::, 7
<br />Nebraska Assignment of Leases and Rents Initials L.f::J...:I.
<br />NE/4XXSPAITZ00000000000111043092208N @1996 Bankers Systems. Inc., St. Cloud, MN ~ Page 7
<br />
|