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� y 0 <br />a � " � � 9 y , . i + <br />Lo�n No: 101252812 <br />ASSIGNMENT OF RENTS ��112 U 3 S��. <br />(Continued) Page 5 <br />Assignment. Any party may change its eddress for notices under this Assignment by giving formal written notice <br />to the other perties, specifying that the purpose of the notice is to change the party's eddress. For notice <br />purposes, Grantor agrees to keep Lender informed at all times of Grantor's current eddress. 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, invelid, or <br />unenforceable es to eny person or circumstance, that finding shall not make the offending provision illegal, invelid, <br />or unenforceable as to eny other person or circumstance. If feasible, the offending provision shall be considered <br />modified so that it becomes legel, valid and enforceable. If the offending provision cannot be so modified, it shall <br />be considered deleted from this Assignment. Unless otherwise required by law, the illegaliry, invalidity, or <br />unenforceability of any provision of this Assignment shall not affect the legelity, validity or enforceability of any <br />other provision of this Assignment. <br />Successors and Assigns. Subject to any limitetions 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 essigns. 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 />Walver of Homeatead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead <br />exemption laws of the State of Nebraske 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 emounts in lawful <br />money of the United States of America. Words end terms used in the singular shall include the plural, and the plurel <br />shall include the singuler, as the context may require. Words and terms not otherwise defined in this Assignment shall <br />heve the meanings ettributed 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 EDMUND R KERSHAW III. <br />Default. The word "Default" means the Default set forth in this Assignment in the section titled "Defeult". <br />Everrt 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 />Grerrtor. The word "Grentor" means EDMUND R KERSHAW III and MICHELLE K KERSHAW. <br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodetion party to <br />Lender, including without limitation a guaranty of ell 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 of this <br />Assignment, together with all interest thereon. <br />Lender. The word "Lender" means Five Points Bank, its successors and assigns. <br />IVote. The word "Note" means the promissory note dated May 11, 2012 in the original principel amount <br />of $50,000.00 from Borrower ta Lender, together with all renewals of, extensions of, modifications of, <br />refinancings of, consolidetions of, and substitutions for the promissory note or agreement. <br />Property. The word "Propeny" 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 />Releted Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan <br />agreements, environmental agreements, guaranties, security agreements, mortgeges, deeds of trust, security <br />deeds, collaterel 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 />