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201106771
<br />limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit,
<br />including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic
<br />stay or injunction), appeals, and any anticipated post - judgment collection services, the cost of searching records,
<br />obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for
<br />the Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums
<br />provided by law.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Assignment:
<br />Amendments. This Assignment, together with any Related Documents, constitutes the entire understanding and
<br />agreement of the parties as to the matters set forth in this Assignment. No alteration of or amendment to this Assignment
<br />shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the
<br />alteration or amendment.
<br />Caption Headings. Caption headings in this Assignment are for convenience purposes only and are not to be used to
<br />interpret or define the provisions of this Assignment.
<br />Governing Law. With respect to procedural matters related to the perfection and enforcement of Lender's rights
<br />against the Property, this Assignment will be governed by federal law applicable to Lender and to the extent not
<br />preempted by federal law, the laws of the State of Nebraska. In all other respects, this Assignment will be
<br />governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the
<br />State of Missouri without regard to its conflicts of law provisions. The loan transaction that is evidenced by the
<br />Note and this Assignment has been applied for, considered, approved and made, and all necessary loan
<br />documents have been accepted by Lender in the State of Missouri.
<br />Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of
<br />JACKSON County, State of Missouri.
<br />Joint and Several Liability. All obligations of Grantor under this Assignment shall be joint and several, and all
<br />references to Grantor shall mean each and every Grantor. This means that each Grantor signing below is responsible for
<br />all obligations in this Assignment. Where any one or more of the parties is a corporation, partnership, limited liability
<br />company or similar entity, it is not necessary for Lender to inquire into the powers of any of the officers, directors,
<br />partners, members, or other agents acting or purporting to act on the entity's behalf, and any obligations made or created
<br />in reliance upon the professed exercise of such powers shall be guaranteed under this Assignment.
<br />Merger. There shall be no merger of the interest or estate created by this assignment with any other interest or estate in
<br />the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
<br />Interpretation. (1) In all cases where there is more 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 plural where the context and construction so
<br />require. (2) If more than one person signs this Assignment as "Grantor," the obligations of each Grantor are joint and
<br />several. This means that if Lender brings a lawsuit, Lender may sue any one or more of the Grantors. If Borrower and
<br />Grantor are not the same person, Lender need not sue Borrower first, and that Borrower need not be joined in any
<br />lawsuit. (3) The names given to paragraphs or sections in this Assignment are for convenience purposes only. They are
<br />not to be used to interpret or define the provisions of this Assignment.
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Assignment unless such waiver
<br />is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate
<br />as a waiver of such right or any other right. A waiver by Lender of a provision of this Assignment shall not prejudice or
<br />constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of
<br />this Assignment. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a
<br />waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of
<br />Lender is required under this Assignment, the granting of such consent by Lender in any instance shall not constitute
<br />continuing consent to subsequent instances where such consent is required and in all cases such consent may be
<br />granted or withheld in the sole discretion of Lender.
<br />Notices. Any notice required to be given under this Assignment shall be given in writing, and shall be effective when
<br />actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a
<br />nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or
<br />registered mail postage prepaid, directed to the addresses shown near the beginning of this Assignment. Any party may
<br />change its address for notices under this Assignment by giving formal written notice to the other parties, specifying that
<br />the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed
<br />at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor,
<br />any notice given by Lender to any Grantor is deemed to be notice given to all Grantors.
<br />Powers of Attorney. The various agencies and powers of attorney conveyed on Lender under this Assignment are
<br />granted for purposes of security and may not be revoked by Grantor until such time as the same are renounced by
<br />Lender.
<br />Severability. If a court of competent jurisdiction finds any provision of this Assignment to be illegal, invalid, or
<br />unenforceable as to any person or circumstance, that finding shall not make the offending provision illegal, invalid, or
<br />unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered modified
<br />so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered
<br />deleted from this Assignment. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any
<br />provision of this Assignment shall not affect the legality, validity or enforceability of any other provision of this Assignment.
<br />Successors and Assigns. Subject to any limitations stated in this Assignment on transfer of Grantor's interest, this
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