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201203459 <br />ASSIGNMENT OF RENTS <br />Loan No: 119 (Continued) Page 4 <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 />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 ELIZABETH A GARDUNO. <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 ELIZABETH A GARDUNO. <br />Guaranty. The word "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 word "Note" means the promissory note dated May 1, 2012, in the original principal amount of <br />$158,142.54 from Grantor to Lender, together with all renewals of, extensions of, modifications of, <br />refinancings of, consolidations of, and substitutions for the promissory note or agreement. <br />Property. The 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 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. <br />THE UNDERSIGNED ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS ASSIGNMENT_ THIS <br />DOCUMENT IS EXECUTED ON MAY 1, 2012. <br />GRANTOR: <br />X f� <br />EL12ABET7K G RD NO <br />INDIVIDUAL ACKNOWLEDGMENT <br />STATE OFkZ�gr ) <br />TSS <br />COUNTY OF ) <br />On this day before me, the undersigned Notary Public, personally appeared ELIZABETH A GARDUNO, A SINGLE <br />INDIVIDUAL, to me known to be the individual described in and who executed the ASSIGNMENT OF RENTS, and <br />acknowledgedthat he or she signed the Assignment as his or her free and voluntary act and deed, for the uses and <br />purposes therein mentioned.- g <br />Given under my hand and official seal this day ofAtAj <br />By f — <br />GENERAL=O'CALLAGHAN <br />a Nota cin n forthe <br />SHEN Residing aM5 <br />My commission expires <br />