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200901252 <br />Assignor waives the following: <br />A. The right, if any, to obtain the benefit of, or to direct the application of, any <br />security hypothecated to Assignee until all indebtedness of lessee to Assignee arising under this <br />assignment that is assigned to Assignee by Assignor shall have been paid. <br />B. The right to require Assignee to proceed against lessee, or to pursue any other <br />remedy. <br />SECTION FIFTEEN <br />POWER OF ATTORNEY <br />Assignor appoints Assignee its attomey -in -fact to demand, receive, and enforce payment <br />and to give receipts, releases, and satisfactions and to sue for all sums payable either in the name <br />of Assignor or in the name of Assignee, with the same force and effect as Assignor could have <br />done if this agreement had not been made. <br />SECTION SIXTEEN <br />EFFECT OF ASSIGNMENT <br />This assignment, together with the agreements, covenants, and warranties contained in <br />this assignment, shall inured to the benefit of Assignee and any subsequent holder of the Note <br />and Trust Deed and shall be binding upon Assignor and any subsequent owner of the mortgaged <br />premises. <br />SECTION SEVENTEEN <br />GOVERNING LAW <br />It is agreed that this assignment shall be governed by, construed, and enforced in <br />accordance with the laws of the State of Nebraska. <br />SECTION EIGHTEEN <br />ATTORNEY FEES <br />In the event that any action is filed in relation to this assignment, the unsuccessful party <br />in the action shall pay to the successful party, in addition to all the sums that either party may be <br />called on to pay, a reasonable sum for the successful party's attorneys fees. <br />SECTION NINETEEN <br />EFFECT OF PARTIAL INVALIDITY <br />The invalidity of any portion of this assignment will not and shall not be deemed to affect <br />the validity of any other provision. In the event that any provision of this assignment is held to be <br />roll <br />