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° � ; . `; <br />Loan No: 101253367 <br />ASSIGNMENT OF RENTS 2 Q12 0 4 2 6 9 <br />(Continu�d) <br />Page 5 <br />Notices. Any notice required to be given under this Assignment shall be given in writing, and shall be effective <br />when actually delivered, when actually received by telefacsimile (unless otherwise required by Iew1, when <br />deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as <br />first class, certified or registered mail 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 formal written notice <br />to the other parties, specifying thet 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 requ(red by law, if there is more than one Grantor, any notice given by Lender to any Grentor is <br />deemed to be notice given to all Grantors. <br />Powers of Attorney. The verious agencies end powers of attorney conveyed on Lender under this Assignment are <br />grented for purposes of security end may not be revoked by Grentor until such time es the same are renounced by <br />Lender. <br />Saverabiltty. If a court of competent jurisdiction finds any provision of this Assignment to be illegal, invelid, or <br />unenforceable as to any person or circumstance, that finding shell not meke the offending provision illegal, invalid, <br />or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered <br />modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall <br />be considered deleted irom this Assignment. Unless otherwise required by law, the illegality, (nvalfdity, or <br />unenforceability of eny 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 end the Indebtedness by way of forbearance or <br />extension without releasing Grantor from the obligetions of this Assignment or liability under the Indebtedness. <br />T(me is of the Essence. Time is of the essence in the performence of this Assignment. <br />Waiver of Homestead Exemption. Grentor hereby releases and waives all rights and benefits of the homestead <br />exemption laws of the State of Nebraska es to all Indebtedness secured by this Assignment. <br />DEFINITIONS. The following cepitalized words and terms shall have the following meanings when used in this <br />Asaignment. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lewful <br />money of the United States of America. Words and terms used in the singular shell include the plural, and the plural <br />shall include the singular, as the context mey require. Words and terms not otherwise defined in this Assignment shall <br />have the meanings ettributed to such terms in the Uniform Commerciel Code: <br />Assignment. The word "Assignment" means this ASSIGNMENT OF RENTS, as this ASSIGNMENT OF RENTS may <br />be amended or modifisd from time to time, together with ell exhibits and schedules attached to this ASSIGNMENT <br />OF RENTS trom time to time. <br />Borrower. The word "Borrower" means LEOPOLDO GUERRERO. <br />Defauk. The word "Default" means the Defeult 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 "Grentor" means LEOPOLDO GUERRERO and ANGELICA GUERRERO. <br />Guaranty. The word "Guaranty" means the guaranry from guarantor, endorser, surety, or accommodatlon party to <br />Lender, including without limitation a guaranty of all or part of the Note. <br />Indets4adness. The ! word "Indebtedness" means all principal, interest, and other amounts, costs and expenses <br />payable under the Note or Related Documents, together with all renewels 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 ar expenses incurred by Lender to enforce Grantor's obligations under <br />this Assignment, together with interest on such amounts as provided in this Assignment. Specificelly, without <br />limitation, Indebtedness includes the future advances set forth in the Future Advences provision of thls <br />Assignment, together with all interest thereon. <br />Lender. The word "Lender" means Five Points Bank, its successors and assigns. <br />Note. The word "Note" means the promissory note dated May 22, 201 Z in the original principal amount <br />of 56 ,127.00 from Borrower 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 Grentor's right, title end interest in and to all the Property as <br />described in the "Assignment" section of this Assignment. <br />Related Documer�. 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 ell other instruments, egreements and documents, whether now or hereafter <br />