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ASSIGNMENT OF RENTS•�J � � � V � � � � <br />Loan No: 1012�1582 � ' (Continued) Page 5 <br />Successors and Assigns. SubJect to any limitations steted in this Assignment on transfer of Grantor's interest, this <br />Assignment shell be binding upon end inure to the benefit of the parties, their succesaors and esaigns. If <br />ownership of the Property becomea vested in a person other than Grantor, Lender, without notice to Grentor, mey <br />deal with Grantor's successors with reference to this Assignment end the Indebtedness by way of forbearance or <br />e�ctension without releasing Grentor from the obligetiona of this Assignment or Uability under the Indebtedness. <br />Time is of the Essence. Time is of the essence in the performence of this Assignment. <br />Waiver of Homestead Exemptlon. Grentor hereby releeses end waives ell rights and benefits of the homestead <br />exemption laws of the State of Nebraske as to all Indebtedness secured by this Assignment. <br />DEFINRIONS. The following capitalized worda end terms shall have the following meanings when used in this <br />Assignment. Unless specifically steted to the contrary, all references to dollar emounts shell mean amounta in lawful <br />money of the United States of Americe. Words end terms used in the singular shell include the plurel, and the plural <br />shell include the singular, as the context may require. Words end terms not otherwise defined in this Assignment shall <br />heve the meanings attributed to such terms in the Uniform Commercial Code: <br />AssignmeM. The word "Assignment" means thia ASSIGNMENT OF RENTS, as this ASSIGNMENT OF RENTS mey <br />be amended or modifled 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 MITCHELL T NICKERSON and SUSARt E <br />Defauk. The word "Default" means the Default aet forth in this Assignment in the section titled "Default". <br />Event of Default. The words "Event of Defeult" mean eny of the events of default set forth in this Assignment in <br />the default section of this Assignment. <br />Grantor. The word "Grentor" means MITCHELL T NICKERSON end SUSAN E NICKERSON, <br />Quarenty. The word "Gueranty" meens the guaranty from guarantor, endorser, surety, or accommodetion perty to <br />Lender, including without limitation e guarenty of ell or pert of the Note. <br />Indebtedness. The word "Indebtedness" means all principel, interest, end other amounts, costs end expenses <br />payable under the Note or Releted Documents, together with all renewals of, extensions of, modiflcations of, <br />consolidations of and aubstitutions for the Note or Related Documents and eny 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. Speciflcelly, without <br />limitation, Indebtedness includes the future advences set forth in the Future Advances provision of this <br />Assignment, together with ell interest thereon. <br />Lender. The word "Lender" means Five Points Bank, its successors end assigns. <br />Note. The word °Note" means the promissory note dated April 27, 2012 in the original principal amount <br />of $ from Grantor to Lender, together wlth all renewels of, extensions of, <br />modiflcatlons of, refinancings of, consofldations of, and substitutions for the promissory note or agreement. <br />Property. The word "Property° meens all of Grantor's right, title and interest in and to ell the Properry ea <br />described in the "Assignment" section of this Assignment. <br />Related Documents. The words "Releted Documents" mean all promissory notes, credit agreements, loan <br />agreements, environmental agreements, guaranties, security agreements, mortgeges, deeds of trust, security <br />deeds, callateral 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 rights, title and intereat in, to and under any <br />and all preaent and future leases, including, without limitation, all rents, revenue, income, isaues, royalties, <br />bonuses, accounts receivable, cesh 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 end nature, whether due <br />now or later, including without limitetion Grantor's right to enforce such leases and to receive and collect payment <br />and proceedsthereunder. <br />THE UNDERSIGNED ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS ASSIONMENT. THIS <br />DOCUMENT IS EXECUTED ON APRIL 27, 2012. <br />GRANTOR: <br />7C'_< r ri�� .E. �c'r�G�� ___� ^ <br />: . . . . .::. . .r . � : i: ... .. . '' .�r''�` . <br />MITCHELL T NICKERSO <br />X �: r.. . .. ��., �� :�. .. . ..:� . . .� .:� .. ... .... ........ ��.... � :� <br />SUSAN E NICKERSO <br />