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<br />� ASSIGNMENT OF RENTS
<br />Loan No: 101254789 (Continued) Page 5
<br />future transactions. Whenever the consent of Lender is required under this Assignment, tha granting of such
<br />consent by Lender in any instence shell not constitute continuing consent to subsequent instences where such
<br />consent is required and in all cases such consent mey be granted or withheld in the eole discretion of Lender.
<br />Notices. Any notice required to be given under this Assignment shall be given in writing, and shell be effective
<br />when actually delivered, when actually received by telefacsimile (unless othervvise required by law), when
<br />deposited with e nationatly recognized overnight courier, or, if ineiled, when depoaited fn the United States mail, as
<br />first class, certified or registered ma(I postage prepaid, directed to the addresaea shown near the beginning of this
<br />Assignment. Any perty may change its address for notices under thia Assignment by giving formal written notice
<br />to the other parties, specifyfng that tha purpose of the notice is to chenge the party's address. For notice
<br />purposes, Grantor agrees to keep Lender informed at all timea of Grantor's current address. Unless otherwise
<br />provided or required by lew, if there is more then one Grantor, any notice given by Lender to eny Granto� is
<br />deemed to be notice given to all Grantors.
<br />Powers of Attornay. The various agencies and powers of attorney conveyed on Lender under this Assignment era
<br />granted for purposes of security and mey not be revoked by Grantor until such time as the same are renounced by
<br />Lender.
<br />Severebility. If a court of competent jurisdiction finds any provision of this Asslgnment to be illegal, invalid, or
<br />unenforceable es to eny circumstence, that finding shall not make the offending provision illegal, invalid, or
<br />unenforceable as to eny other circumstance. If feasible, the offending provision shall be conaidered modified so
<br />that it becomes legel, velid and enforceable. If the offending provision cannot be so modifled, it shell be
<br />considered deleted from this Assignment. Unless otherwise required by law, the illegelity, invelldity, or
<br />unenforceabiflty of any provision of this Assignment shell not affect the legality, validity or enforceability of eny
<br />other provision of this Assignment.
<br />Successors and Assigns. Subject to eny limitations steted in this Assignment on transfer of Grantor's interest, thfa
<br />Assignment shall be binding upon end inure to the benefit of the perties, their successora end assigns. If
<br />ownership of the Property becomes vested in a person other then Grantor, Lender, without notice to Grentor, may
<br />deal with Grantor's successors with reference to this Assignment and the Indebtedness by way of forbearence or
<br />extension without releasing Grentor from the obligations of this Assignment or liability under the indebtedness.
<br />Time is of the Essence. Time is of the essence in the performence of this Assignment.
<br />Waiver of Homestead Facemptlon. Grantor hereby releases end waives all rights and banefits of the homestead
<br />exemption laws of the State of Nebreska es to all Indebtedness secured by this Assignment.
<br />DEFINITIONS. The foltowing capitatized words and terms shall have the following meanings when used in this
<br />Assignment. Unless specifically stated to the contrary, all references to doller amounts shell mean amounta 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 singuler, es the context mey require. Words and terms not otherwiae defined in thfs Assignment shell
<br />heve the meaninga ettributed to such terms fn the Uniform Commerciel Code:
<br />Ass(gnment. The word "Assignment" means this ASSIGNMENT OF RENTS, as this ASSIGNMENT OF RENTS may
<br />be emended or modif(ed from time to time, together with all exhibits and schedules attached to this ASSIGNMENT
<br />OF RENTS from time to tfine.
<br />Borrower. The word "Borrower" means DT HOMES LLC, DENNIS A LILIENTHAL end TRENTON A LILIENTHAL.
<br />Defau�t. The word "Default" means the Default set forth in this Aasignment in the section titled "Default".
<br />Event of Default. The words "Event of Defeult" mean any of the events of default set forth in this Assignment in
<br />the default section of this Assignment.
<br />Grentor. The word "Grantor" means DT HOMES LLC.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to
<br />Lender, including without limitetion a guaranty of ell or part of the Note.
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expensea
<br />payeble under the Note or Releted Documents, together with ell renewals ot, extensions of, modiNcations of,
<br />consolidetions of and aubstitutions for the Note or Releted Documents end any amounts expended or advenced by
<br />Lender to diacharge Grantor's obligations or expensea incurred by Lender to enforce Grentor's obligetions under
<br />this Assignment, together with interest on such amounts as provided in this Assignment. Specifically, without
<br />limitation, Indebtedness includes the future advences set forth in the Future Advences provision of this
<br />Assignment, together with all interest thereon.
<br />Lender. The word "Lender" means Five Points Benk, its successors and assigns.
<br />Note. The word "Note" means the promissory note dated July 11, 2012 in the origlnal principal amount
<br />Of $100,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of,
<br />refinencings of, consolidations of, and substitutions for the promissory note or egreement.
<br />Property. The word "Property" means all of Grantor's right, title and interest in and to all the Property es
<br />described in the "Assignment" aection of this Assignment.
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