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�0120277�
<br />ASSIGIVMENT OF RENTS
<br />(Continued) Page 4
<br />Amendments. This Assignment, together with any Related Documents, constitutes the entire understending and
<br />agreement of the parties as to the matters set forth in this Assignment. No alteration of or amendment to this
<br />Assignment shall be effecvve unless given in writing and signed by the party or parties sought to be charged or
<br />bound by the alteration or amendment.
<br />Caption Headings. Caption headings in this Assignment are for convenience purposes only and are not to be used
<br />to interpret or deflne the provisions of this Assignment.
<br />Governing Law. Wtth respect to peocedural matters related to the psrfection end ertforcement of Lender's rights
<br />against the Property, this Assignment wUl be govemed by federel law applicable to Lender and to the extent not
<br />preempted by federal law, the laws of the State of IUebraska. In aU other respects, this Assignme►�t will be
<br />govemed by federal law appGceble to Lender and, to the exte�rt not preempted by federal lew, the laws of the
<br />State of Colorado without regard to its conflicts of law provisions. However, ff there ever ts a question ebout
<br />whether any provision of this Assignment is valid oa enforceable, the provision that is qusstioned will be govemed
<br />by whichever state or federal law wouid find the provision to be valid and enforceable. The loan transaction that is
<br />evidenced by the IVote and this Assignment has been applied for, considered, approved and made, and ail
<br />necessary loan documems have been accepted by Lender in the State of Colorado.
<br />Choice of Venue. If there is a lawsuit, Grentor agrees upon Lender's request to submit to the jurisdiction ot the
<br />courts of Arapahoe County, Stete of Colorado.
<br />Merger. There shall be no merger of the interest or estete created by this assignment with any other interest or
<br />estate in the Property at eny time held by or for the benefit of Lender in any capecity, without the written consent
<br />of Lender.
<br />lirterpretatian. (1) In all ceses where there is more then one Bbrrower or Grantor, then all words used in this
<br />Assignment in ihe singular shell 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
<br />and severai. This means that if Lender brings a lawsuit, Lender may sue any one or more of the Grantors. If
<br />Borcower and Grantor are not the same person, Lender need not sue Borrower first, and that Borrower need not be
<br />joined in any lawsuit. (3) The names given to paragrephs or sections in this Assfgnment 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 Lendee. Lender shell not be deemed to have waived any rights under this Assignment unless such
<br />wafver is given in writing and signed by Lendar. No delay or omission on the pert of Lender in exercising any right
<br />shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Assignment
<br />shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that
<br />provision or any other provision of this Assignment. IVo prior waiver by Lender, nor eny course of dealing between
<br />Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any
<br />future transactions. Whenever the consent of Lender is required under this Asaignment, the granting of such
<br />consent by Lendec in any instance shall not constitute continuing consent to subsequent instances where such
<br />consent is required and (n all cases such consent may be granted or withheld in the sole discredon of Lender.
<br />Notices. Any notice required to be givan under this Assignment shatl be given in writing, and shall be effective
<br />when actuatiy delivered, when actually recaived by telefacsimile (unless otherwise required by law), when
<br />depasited with a nationally recognized ovemight courier, or, if mailed, when deposited in the United States mail, as
<br />first class, certified or registered maii postage prepaid, directed to the addresses shown near the beginning of this
<br />Assignment. Any party may change its address for notices under this Assignment by giving formai written notice
<br />to the other perties, 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 Umes ot Grantor's cunent 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 Grentor until such time as the same are renounced by
<br />Lender.
<br />Severab7'rty. 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 />unentorceable as to any other ciraumstance. If feasible, the offending provision shali be considered modified so
<br />that it becomes legal, vafid 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 iilegality, invalidity, or
<br />unenforceabi{ity 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 shaii be binding upon and inure to the benafit 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 end 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.
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