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�oiios4�s <br />ASStGNMENT OF RE{VTS <br />Loan No: 9QQ9 tContinuedj page 2 <br />CsRANTOR'S REPfiESENTATIONS AND WARRANTIES. Grantor warrants that: <br />�wnershtp. Grentor is entitled to recsive the Ranis free and ctea� of all rights, loans, liens, encumbrances, end <br />claims except as disclosed to and accepted by Lender in writing, <br />Right to Assign. Grantor has the full right, power and authority to anter into this Assignment and fo assign ead <br />convey the Rents to Lender. <br />No Prior Assignmenf. Grantor has rtot previously assigned or conveyed the Rents to eny other person by any <br />instrument now in force. <br />No Further Transfer. Grantor will not selt, assign, encumber, or otherwise dispose of any of Grantor's rights in the <br />Rertts except as provided in this Rssignment. <br />LENDER'S R1GN7 TO REC£1VE AND COLLECT RENTS, Lender shail have the right at any tima, and even though na <br />detault shali have occurrsd under this Assignmeni, to coilect and receive the Renis. For this purpose. Lender is hareby <br />given and granted Ehe tollowing rrghts, pawers and authorfty: <br />tJatioe to Tenants. Lender may send notices to eny and alt tenants af the Property advisinc� them oi this <br />Assignment and dirOCting all Rents to be psid direCtiy to Lender or Lender's agent. <br />Enter the Property. Lender may enter upon and take passess+on ot the Property; demand, eollect and receive frqm <br />the tenents or trom any other persans liable therefor, all of the Rents; institute snd carry on aIi legal proceedings <br />neaessary for the protection of the Property, including such proceedings as may ba necessary to recover <br />possession of the Property; coilsct the Rents and remove eny tenant or tenants or other persans from Yhe Pro�enty. <br />Meintein the Property. Lertder may eater upan the property to mainiain the Property and keep the same in repair; <br />Yo pay the costs thereof and of aIi setvices of ali employess, including iheir equipment, end of a31 continuing costs <br />and expenses of maintaining the Froperty in propsr repelr and conditian, and also to pay all taxes, assessments and <br />water utilities, and the premiums on fire and other insurance effected by Lender on the Propcarty. <br />Cornpliance with Laws. Lsnder may do any and alE things to execute and comply with the laws of the State ot <br />Nabraska and also ali other (aws, ru(es, orders, ordrnances and requirements of ell other goverrtmental agencies <br />affecting the Property. <br />Lease the Propetty, Lender may rent nr lease the whole o� any p&rt of the Property tor such term or terms and on <br />such conditions as Lender may deem appropriate. <br />Emptoy Agants. Lander may engage such agent or agents ss Lender may desm appropriate, eiiher in Lender's <br />name or in Grantor's name, to rent and manage the Property, including the collection and application of Rents. <br />Qther Aots. [.ender may do aII such other things and acts with respect to the Property as Lender may deam <br />apprapriate at�d may aci exciusivety and salely in the rytece end stead ot Gran2or and to havs all of the powers of <br />Grantorforthe purposes stated above. <br />No Requirement to Act. Lender shafl noi be required to do any oi the foregoing acts or things, and the tact that <br />LBnder stiatt have performed one or more of the fqrega7ng acts or tt3ings shall not require I.endar tq do any other <br />specific act or thirtg. <br />APPLICATlON OF REN7S. All costs and expenses i�ourred by Lender in connection with the Properiy snall ba for <br />Grantor's account and Le�der may pay such costs end axpenses from the Rents. Lender, in its sole discrotion, shall <br />detarmine the appliCation of any and a1t Rents rsceived by it; however, any such Ronts received by Len@er which are <br />not applied to suCh Costs and expenses shall be applied to the Indebtedness. A(f expenditures made by Lender under <br />this Assignment end not reimbursed irom the Rents shall become a pari of the Indabtedness secured by this <br />Assignment, and siiall be payable on demand, with intarest at the tVote rate irom date of axpendituro until paid. <br />FULL PERFORMANCE. ►f Grantor pays ali of the Indebtedness when due and otherwise performs ali the obtigetians <br />imposed upon Grantor under th3s Assignmeni, ihe Note, and the Related Docun3ents, Lender shail execute and daliver to <br />Grantor a suitable satisfaction af this Assignment and suitable statements of termination of any financing statement on <br />fiiie evidencing Lender's security interest m the Rents and t�e P�operty. Any tarminaiion fee required by law shall be <br />paid by Grantor, if permitted by app(icable law. <br />IENDER'S EXPEIVDITURES. tf any action or praceeding is commenced thaL would materially affect Lender's interest in <br />the Property ar if Grantor faits to comply wiih any pravis'ton of this Assiqnment ar any Related Qocuments, including but <br />not limitad to Grantor's failure to discharfle or pay wft8n due ahy amaunts Grantor is required to discharge or pay under <br />this Assignmont or any Related Documents, Lender on Grantor's behali may {but shall noE be obligated io) teke a+iy <br />action that Lender deems appropriate, inCludinq but noi limited to discharg'sng or paying all taxes, liens, security <br />interests, encumbrances and other claims, at any time levied or placed on the Rents or the Property an8 payin� ai# casts <br />tor insurin�, mainteininq and preserving tha Proparty. All such expenditures incurred or paid by Lender for such <br />purposes will then beer interest at the rate charged under the Note or at the hiqhest rate authorized by law, from tE1e <br />date incurred pt paiQ by Lencier io the dete at repeyment by Grantor. All such expsnses wili become a part oi the <br />tndebtedness and, at Lender's option, will (A} be payobls on demand; (BJ be added Yo the balance ot the Note and be <br />apportioned among and be peyabie with any installment payments to become due during eiiiier (1) the term of any <br />applicable insurance policy; or (2) the ramaining term oi the Note; or (Cf be treated as e balEoqn paymeni which wili <br />be due and payable at tha Note's maturity. The Rssignment also will secure payment of these ampunts. Such right <br />