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'_" � ASSIGNMENT OF RENTS 2 0�. 2 0 4�7 � �
<br />Loan No: 101253466 (Continued) Page 5
<br />Severability. If e court of competent jurisdiction flnds any provision of thia Assignment to be illegal, invalid, or
<br />unenforceable as to any person or circumstance, thet finding shall not make the offending provision illegal, invalid,
<br />or unenforceable as to eny other person or circumatance. If feasible, the offending provision shell be considered
<br />modified so thet ft becomes legel, velid and enforceable. If the offending proviston cennot be so modified, it shall
<br />be considered deleted from this Assignment. Unleas otherwise required by law, the illegality, invelidity, or
<br />unenforceability of eny provision of this Assignment shall not affect the legelity, velidity or enforceability of any
<br />other proviston of this Assignment.
<br />Successors and Assigns. Subject to any timitations steted in this Assignment on transfer of Grentor's interest, this
<br />Assignment shall be binding upon end inure to the benefit of the parties, their successors and assigns. If
<br />ownership of the Property becomes veated in a person other than Grantor, Lender, without notice to Grantor, may
<br />deal with Grantor's successora with reference to thfs Assignment end the Indebtedness by wey of forbearance or
<br />e�ctension without releasing Grantor from the obligations of thia Assignment or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performence ot this Assignment.
<br />Weiver of Homestead Exemption. Grantor hereby releases end weives ell rtghts and benefits of the homestead
<br />exemption laws of the State of Nebraske as to all Indebtedneas secured by thia Assignment.
<br />DEFINITIONS. The following capitelized words end terms shall heve the following meanings when used in this
<br />Assignment. Unless speciflcelly steted to the contrary, all references to dollar amounts shall mean amounts in lawful
<br />money of the United States of Americe. Words and terms used in the ainguler shell include the plurel, and the plural
<br />shall include the singular, as the context mey require. Words end terms not otherwise defined in this Assignment shall
<br />have the meanings ettributed to such terms in the Uniform Commercial Code:
<br />Assignment. The word °Assignment° means this ASSIGNMENT OF RENTS, es this ASSIGNMENT OF RENTS may
<br />be amended or modified ftom 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 NATHAN V MILLER and CHRISTINA M MILLER.
<br />Default. The word °Default° means the Default set forth in this Assignment in the section titled °Default°.
<br />EveM of Defeuft. The words "Event of Defeult° mean eny of the events of default set forth in this Aasignment in
<br />the default section of this Assignment.
<br />Grentor. The word °Grentor" means NATHAN V MILLER and CHRISTINA M MILLER.
<br />Guarar�ty. The word "Gueranty" means the gueranty f�om guerantor, endorser, surety, or accommodetion 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 emounts, costs and expenses
<br />payable under the Note or Related Documents, together with all renewals of, extensions of, modiflcations of,
<br />consolidations of and substitutions for the Note or Releted Docur�l@nts._and eny amounts expended or edvenced by
<br />Lender to discharge Grentor's obligations or expenaes incurred by Lender to enforce Grantor's obligetions under
<br />this Assignment, together with interest on such amounta as provided in this Assignment. Speciflcally, without
<br />limitation, Indebtedness includes the future advances set forth in the Future Advances provision of thts
<br />Assignment, together with all interest thereon.
<br />Lender. The word "Lender" means Five Points Bank, its auccessors and assigns.
<br />Note. The word "Note" means the promissory note dated June 74, 2012 in the original principal amount
<br />Of $60,000.00 from Grantor to Lender, together with all renewals of, extensions of, modificetions of,
<br />reflnancings of, consolidations of, and substitutions for the promissory note or agreement.
<br />Property. The word "Property" means alt of Grantor's right, title end interest in end to all the Property as
<br />described in the "Assignment" section of this Assignment.
<br />Related Documents. The words "Releted Documents" mean all promissory notes, credit egreements, loan
<br />agreements, environmental egreementa, guaranties, security egreements, mortgages, deeds of trust, security
<br />deeds, collaterat mortgages, and all other instruments, agreementa and documents, whether now or hereafter
<br />existing, executed in connection with the Indebtedness.
<br />Rents. The word "Rents" means all of Grentor's present end future rights, title and interest in, to and under any
<br />and all present end future leases, including, without Iimitetion, all rents, revenue, income, issues, royalties,
<br />bonuses, eccounts receiveble, cash or security deposits, edvance rentels, profits and proceeds from the Properry,
<br />and other payments and benefits derived or to be derived from such leases of every kind and nature, whether due
<br />now or leter, including without limitation Grentor's right to enforce such leases and to receive and collect payment
<br />and proceedsthereunder.
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