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�01106478
<br />ASSIGNMENT OF RENTS
<br />Loan No: 9009 �Continuec!) Peg� 4
<br />i.ender shall be entitled to recover suoh sum as the oourt may adjudge ►easonable as attomeys' fees at trial and
<br />upon any appeai. Whether or not any aourt action is involvad, and to the sxtant not prohibited by law, aii
<br />�easonable expensas Lender incurs zhat in Lender's opinion are nacessery at any time for {he protection oi its
<br />interest or the enforcemeni of iYS rights shall become a part of the Indebtedness payabie on demand and shall bear
<br />interesi at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include,
<br />without 3imitation, howeve� subject to any limits under applicable law, Lender's attorneys' tees and Lender's legal
<br />expenses, wliether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings
<br />(including efiorts to modify or vacate any automatic stay or injunctionj, appeals, and any anticipated past•judgment
<br />cofleotion services, the cost oi searching records, obtaining title reports (including foreclosure reports), surveyors'
<br />reports, end eppraisal fees, title insurence, and fees for the Trustee, to the extent permitte8 by applicaBle law.
<br />Grantor elso wili pay any court costs, in addition ia ai! other sums provided by lew.
<br />MISCEI.I.ANEOUS PRQVISIONS. The tailow'sng misceilaneous provisfons are a part of this Assignment:
<br />Amandments. This Assignment, together witl� any Retated Dxuments, constitutes the entire understanding and
<br />agreement oi the parties as to the matters set forth in this Assignment. No alteration of or emendment to this
<br />Assignment shatl be effective unless given in writing and signed by the party or parties soughi to be cherqed or
<br />bound by tfie aiteration ar amendment.
<br />Caption Headtngs, Caption headings in this Assignment are for convenience purposes only and are not to be used
<br />to interpret or define the provisions of this Assignment.
<br />Governing Law. With respect to procedural mattsrs related to the perfection a�d snfofcemani of Lander's rights
<br />against the Property, this Assignment will be governed by federal law applicabte to Lender ar�d to the extenY not
<br />preempted by federal law, tha laws oE the Stats of Nebraska. En ell other respects, this Assignmertt will be
<br />governed by fedaral Iaw appliaable to Lender and, to !he extent rtoY preempted by federa( lew, thq laws of tfie
<br />State of OkEahoma withoui rega�d to its conflicts of (aw provisions. However, if there ever is a question about
<br />whether any provision of this Assignment is valid or enforceable, the provision that is questioned wifE be governed
<br />by whichever state or federal law would find the pravision to be valid and enforceable. The loan transection that is
<br />ev3denced by the Note and this Assignment has bean appiied far, considered, approved and made, and aEi
<br />neaessary loan doauments have bee� accepted by Lender in the State of Oklahoma.
<br />Merger. There sha(i be no merger oi the interest or estate creatad by this assignment with any other interest or
<br />estate in the Properiy at any time heid by or for the benefit of tender in any capacity, without the written consent
<br />of Lender.
<br />Interpretation. {1) In ail cases where there is mare than one Borrower or Grantor, then all words used in this
<br />Assignment in the singular shall be deemed to have been used in the piurai where the context and constructfon so
<br />raqui�e. ;2) if more thart one pvrson si9ns this Assignment as "Grantor," the oblinations at each Grantor are joint
<br />and saveral. This means that if Lender brings a lawsuit, Lendar may sue any one or more of the Grantors. (i
<br />Sarrowo� and Grantor are not the same persan, Lendor need not sue Borrower first, and that Borrower need not be
<br />joined in any lawsuit. (3} The names given ta paragraphs or sections in this Assignment are for convenience
<br />purposes only. They are not to be used to interpret or define the provisions of this Assignment.
<br />No Waiver by Lendar. Lender shall not be deemed to have waived eny rights under this Assiqnment unless such
<br />weiver is given in writing and signed Dy Lender. No delay or omission on the part of E.ender in exercising any right
<br />shatl operate as a waiver of such right or any oihar right. A waiver by Lender ot a pravisfon of this Assignment
<br />shall not prejudice ar constitute a waiver of Lender's right otherwise to demand strict comptiance with that
<br />provision or any other provision of this Assignment. No prior waiver by lender, nor any course of dealing between
<br />Lender and Grantor, shall co�s#itute a wa'sver of any of Cender's rights or oi any of Grantor's obligations as to any
<br />future transactlons. Whenevor the consent of Lender is requir8d under this Assignment, the granting of such
<br />consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such
<br />consent is required and in all cases such consent may be granted ar withheid in the sole discrefion of Lender.
<br />Notices. Any notice required to be given under this Assignment shail be given in writing, and shali ba etfeciive
<br />when actually delivered, when actuaiiy teCeived by telefacsimile (un{ess otherwise required by Iaw). when
<br />depasited with a nationally recognized overnight courier, or, if mailad, when deposited in the United Staces mail, as
<br />first class, certitied or registered mail postage prepaid, directecE ta the addresses shown nea� the beginning of this
<br />Assignment. Any party may ohange its address for notices unde� this Assignment by giving formai written notice
<br />to the other parties, specifying that the purpose of ihe notice is to change the party's address. For notice
<br />purposes. Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise
<br />provided or required by Iaw, it tf�ere is mere than ane Grentor, any notice given by Lender to any Grantor is
<br />deemed to be noiice given to alI Gtantors.
<br />Powers of Atiomey. The various agencies and powers oi attorney conveyed on Lender under this Assignment are
<br />grented for purpases of security and may not be revoked by Grantor untii such time as the same sre renoursced by
<br />Lender.
<br />Severabi(ity. tf a couri of competent jurisdiction tinds any provision ot this Assignrnent to he illega3, invaiid, or
<br />unenforceabla as to any circumstance, that finding shail not make the offending �rovision iilegal, invalid, or
<br />unenfarceable es to any oiher circumstance. If feasible, the offending provision shall ba considered madified sa
<br />that it becomes legaf, valid and enforceable. If the offending provision cannot be so modified, it shali be
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