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201210845
<br /> ASSIGNMENT OF RENTS
<br /> Loan No: 121 (Continued) Page 4
<br /> that it becomes legal, valitl and enforcea6le. If the offending provision cannot be so modified, it shall be
<br /> considered deleted from this Assignment Unless otherwise required by law, the illegality, invalidity, or
<br /> unenforceability ofi any provision of thiS Assignment shall not affect the legality,validity or enforceabilitV of any
<br /> other provision of this Assignment. �
<br /> Successors and Assigns. Subject to any limitations stated in this Assignment on transfer of Granior's interest,this
<br /> Assignment shall be binding upon and inure to the benefit of the parties; Yheir 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 wiYh 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 /> Waive dury. All parties to this Assegnment herehy waive the right to any jury trial in any action,proceeding,or
<br /> counterclaim brought by any party against any other party.
<br /> Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead
<br /> exemption laws of the State of Nebraska 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 amounts 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 singular,as the context may require. Words and terms not otherwise defined in this Assignment shall
<br /> have the meanings attributed 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 attach�d to Yhis ASSIGNMENT
<br /> OF RENTS from time to time.
<br /> Borrower. The word"Borrower"means J&B RENTALS,LL.C..
<br /> Defiault. The word"Default"'means the Defiault set forth in this Assignment in the seccion titled"Default".
<br /> Event of De$ault.. 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"Grantor"means J&B RENTALS,L.L.C.. .
<br /> Guarantor. The word "Guarantor' means any guarantor, surety, or accommodation party of any or afl of the
<br /> Indebfedness.
<br /> Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a
<br /> guaranty 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 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 6y
<br /> Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grentor's obligations under
<br /> this Assignment, together with interest on such amounts as provided i�n this Assignmen:. Specifically, without
<br /> limitatio�, Indebtedness includes the future advances szt forth in the Future Advances provision,�rogether with ail
<br /> interest thereon and all amounts that may be indirectly secured by the Cross-Collateralization provision of�this
<br /> Assignment.
<br /> Lender. The word"Lender"means Equitable Bank,its successors and assigns.
<br /> Note. The word "Note" means the promissory note dated December 14, 2012, IP9 #�'90 orig6na9 principal
<br /> amount ofi $413,820.64 from Grantor to Lender,together with all renewals of,extensions of,modifications
<br /> of,refinancings of,consolidations of,and s�bstitutions for the promissory note or agreement.
<br /> Property. The word "Properly' means all of Granior's right, title and interest in and to all the Property as
<br /> described in the"Assignment"section of this Assignmen�t.
<br /> Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan
<br /> agreements, environmental agreements, guaranties, security agreemeMs, mortgages, deeds of trust, security
<br /> deeds, collateral mortgages, and all other instruments, agreements and documer.ts, whether now or hereafter
<br /> existing,executed in connection with the Indebtedness.
<br /> Rents. The word"Rents"means all of Grantor's prese�t and future rights,title and interesi in,to and under any
<br /> and all present and future leases, including, without limitation, ali rents, revenue, income, issues, royalties,
<br /> bonuses,accounts receivable,cash or security deposits,advance rentals,profits and proceeds from ihe Property,
<br /> and other payments and 6enefits derived or to he detived from such leases of every kind antl nature,whether due
<br /> now or later,including without limitation Grantor's right to enforce such leases and to receive and collect payment
<br /> and proceeds thereundei.
<br /> THE ElNDERSlGNED ACKIVOWLEDGES HAVWG READ ALL THE PROVISIONS OF THIS ASSIGNMENT, AhD N6T
<br /> PERSONALLY BUT AS AN AUTHORIZED SIGNER,HAS CAUSED THIS ASS3GNMENF TO BE SIGNED AIVD EXECUTED
<br /> ON BEHALF OF GRANTOR ON DECEMBER 14,2012.
<br /> GRANTOR:
<br /> J&B RENTALS,LL/.C. �
<br /> By: o Yf����v� . .
<br /> William P,Tiller // wG�%� /
<br /> r/ � �
<br /> By: ��-� X �' '.�,%
<br /> �.h;Yann K,Ziller
<br /> v
<br />
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