201202484
<br /> ASSIGNMENT OF RENTS
<br /> Loan No: 810291 (Continued) Page 4
<br /> Assignment. Any party may change its address for notices under this Assignment by giving formal written notice
<br /> to the other parties, specifying that the purpose of the 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 law, if there is more than one Grantor, any notice given by Lender to any Grantor is
<br /> 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 circumstance, that finding shall not make the offending provision illegal, invalid, or
<br /> unenforceable as to any other circumstance. If feasible,the offending provision shall be considered modified so
<br /> that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be
<br /> considered deleted from this Assignment. Unless otherwise required by law, the illegality, invalidity, or
<br /> unenforceability of any provision of this Assignment shall not affect the legality,validity or enforceability of any
<br /> other provision of this Assignment.
<br /> Successors.and Assigns. Subject to any limitations stated in this Assignment on transfer of Grantor's interest,this
<br /> Assignment shall be binding upon and inure to the benefit of the parties, their successors and assigns. If
<br /> ownership of the Property becomes vested in a person other than Grantor, Lender,without notice to Grantor,may
<br /> deal with Grantor's successors with reference to this Assignment and the Indebtedness by way of forbearance or
<br /> extension without releasing.Grantor from the obligations of this Assignment or liability under the Indebtedness.
<br /> Time is of the Essence. Time is of the essence in the performance of this Assignment.
<br /> Waive Jury. All parties to this Assignment hereby waive the right to any jury trial in any action,proceeding,or
<br /> counterclaim brought by any party against any other party.
<br /> Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead
<br /> exemption laws of the State of Nebraska as to all Indebtedness secured by this Assignment.
<br /> Waiver of Right of Redemption. NOTWITHSTANDING ANY OF THE PROVISIONS TO THE CONTRARY
<br /> CONTAINED IN THIS ASSIGNMENT,GRANTOR HEREBY WAIVES ANY AND ALE RIGHTS OF REDEMPTION FROM
<br /> SALE UNDER ANY ORDER OR JUDGMENT OF FORECLOSURE ON GRANTOR'S BEHALF AND ON BEHALF OF
<br /> EACH AND EVERY PERSON, EXCEPT JUDGMENT CREDITORS OF-GRANTOR,ACQUIRING ANY INTEREST IN OR
<br /> TITLE TO THE PROPERTY SUBSEQUENT TO THE DATE OF.THIS ASSIGNMENT.
<br /> DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this
<br /> Assignment. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful
<br /> money of the United States of America. Words and terms used in the singular shall include the plural, and the plural
<br /> shall include the singular,as the context may require. Words and terms not otherwise defined in this Assignment shall
<br /> have the meanings attributed to such terms in the Uniform Commercial Code:
<br /> Assignment. The word"Assignment"means this ASSIGNMENT OF RENTS,as this ASSIGNMENT OF RENTS may
<br /> be amended or-modified from time to time,together with all exhibits and schedules attached to this ASSIGNMENT
<br /> OF RENTS from time to time.
<br /> Borrower. The word"Borrower"means GRAND ISLAND AREA ECONOMIC DEVELOPMENT CORPORATION.
<br /> Default. The word"Default"means the Default set forth in this Assignment in the section titled"Default".
<br /> Event of Default. The words"Event of Default".mean any of the events of default set forth in this Assignment in
<br /> the default section of this Assignment.
<br /> Grantor. The word"Grantor"means THE WILDWOOD.TRUST.
<br /> Guaranty. Theword"Guaranty"means the guaranty from guarantor,endorser,surety,or accommodation party to
<br /> Lender,including without limitation a guaranty of all or part of the Note.
<br /> Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses
<br /> payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of,
<br /> consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by
<br /> Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under
<br /> this Assignment,together with interest on such amounts as provided in this Assignment. Specifically, without
<br /> limitation, Indebtedness includes the future advances set forth in the Future Advances provision,together with all
<br /> interest thereon and all amounts that may be indirectly secured by the Cross-Collateralization provision of this
<br /> Assignment.
<br /> Lender. The word"Lender"means Equitable Bank,its successors and assigns.
<br /> Note. The ward "Note" means the promissory note dated December 15, 2011, in the original principal
<br /> amount of -$1,860,000.00 from Borrower to Lender, together with all renewals of, extensions of,
<br /> modifications of,refinancings of,consolidations of,and substitutions for the promissory note or agreement.
<br /> Property. Th6 word "Property" means all of Grantor s right, title and interest in and to all the Property as
<br /> described in the"Assignment"section of this Assignment.
<br /> Related Documents. The words "Related Documents" mean all 'promissory- notes, credit agreements, loan
<br /> agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security
<br /> deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter
<br /> existing,executed in connection with the Indebtedness. -
<br /> Rents. The word"Rents" means all of Grantor's present and future i rights,title and interest in,to and under any
<br /> and all present and future leases, including, without limitation, all rents, revenue, income, issues, royalties,
<br /> bonuses,accounts receivable,cash or security deposits,advance rentals,profits and proceeds from the Property,
<br /> and other payments and benefits derived or to be derived from such leases of every kind and nature,whether due
<br /> now or later,including without limitation Grantor s right to enforce such leases and to receive and collect payment
<br /> and proceeds thereunder.
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