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� <br />4 H „ (� � ` ry � �1 d' / <br />(I <br />Loan No: 101253472 <br />ASSIGNMENT OF RENTS <br />(Continued) <br />201�05919 <br />Page 5 <br />Notices. Any notice required to be given under this Assignment shell be given in writing, and shall be effective <br />when ectually delivered, when actually received by telefacsimile (unless otherwise required by law), when <br />deposited with a nationelly recognized overnight courier, or, if mailed, when deposited in the United Stetes mail, as <br />first class, certified or registered mail postege prepaid, directed to the addreases shown near the beginning of this <br />Assignment. Any party may chenge its address 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 perty's address. For notice <br />purposes, Grantor agrees to keep Lender informed at all times of Grentor's current address. Unless otherwise <br />provided or required by taw, if there is more then 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 and powers of ettorney conveyed on Lender under this Assignment are <br />grented 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 e court of competent jurisdiction finds any provision of this Assignment to be illegal, invaUd, or <br />unenforceable as to any person or circumstence, thet finding shell not make the offending provision illegal, invalid, <br />or unenforceable as to any other person or circumstance. If feasible, the offending provision shell be considered <br />modified so that it becomes legal, vafld 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 illegaflty, invalidity, or <br />unenforceability of any provision of this Assignment shall nbt effect the legelity, validity or enforceability of eny <br />other provision of this Assignment. <br />Successors and Assigns. Subject to eny limitetions stated in this Assignment on trensfer of Grantor's interest, this <br />Assignment shall be binding upon and inure to the benefit of the parties, their successors and assigna. If <br />ownership of the Property becomes veated in e person other then 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 obligations of this Assignment or Ifability under the Indebtedness. <br />Ttme is of the Essence. Time is of the essence in the performence of this Assignment. <br />Waiver of Homestead Exemption. Grantor hereby releases end weives all rights and benefits of the homestead <br />exemptfon laws of the Stete of Nebraska as to all Indebtedness secured by this Assignment. <br />DEFINITIONS. The following capitaUzed words and terms shall have the following meanings when used in this <br />Assignment. Unless specificelly steted to the contrary, all references to doller amounts shell mean amounta in lawful <br />money of the United States of America. Words end terms used in tha singular shell include the plural, and the plural <br />shall include the singular, as the context may requfre. Words and terms not othervvise defined in this Assignment shall <br />heve the meanings attributed to such terms in the Uniform Commercial Code: <br />Assignment. The word "Assignment" means this ASSIGNMENT OF RENTS, es th(s ASSIGNMENT OF RENTS may <br />be emended 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 MITCHELL T NICKERSON. .._ . _ ._ .-- , <br />Default. The word "Default" means the Defeult set forth in this Assignment in the sectidn' titled "Default". <br />Event of Defauk. The words "Event of Default" mean eny of the events of default set forth in this Assignment in <br />the default section of this AssignmenL "-""° ",� °°"" <br />Grantor. The word "Grantor" means MITCHELL T NICKERSON and SUSAN E NICKERSON. <br />Quaranty. The word "Gueranty" means the guaranty from guarantor, endoraer, surety, or accommodation party to <br />Lender, including without limitation a guarenty 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 Releted Documents, together with ell renewals of, extensions of, modificationa of, <br />consolidations of and substitutions for the Note or Releted Documents and any amounta expended or advanced by <br />Lender to discherge 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 />I(mitation, Indebtedness includes the future advancea set forth in the Future Advances 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 deted July 13, 2012 in the original principal amount <br />Of $21,600.00 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 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 Documerrts. The worda "Related Documents" mean all promissory notes, credit egreements, loan <br />agreements, environmentel agreements, guaranties, security agreements, mortgeges, deeda of trust, aecurity <br />deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter <br />