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201210847 <br /> ASSIGNMENT OF REIVTS <br /> Loan No: 8100'1866 (Continued) Page 4 <br /> Assignment shail 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 and the Indebtedness by way of Porbearance 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 Jury. All parties fo this Assignment herehy waive the right to any jury trial in any action,proceeding,or <br /> counterclaim brought by any party against any other paety. <br /> Waiver of Homestead Exerription. Grantor hereby releases and waives all rights and benefits of the homestead <br /> exemption laws of the State of Nebraska as m all Indebtedness secured by this Assignment. . <br /> DEPINITIONS. The following capitalized words and ierms shali have the following meanings when used in this <br /> Assignment. Unless specifically stated to the contrary,all references to doilar amouots shall mean amounts in lawful <br /> money of the United States of America. Words and terms used in the singulai shall include tlie piural,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 a�mended or modified from time to time,together with all exhibits and schedules attached to this ASSIGNMENT <br /> OF RENTS from.time to iime. � <br /> Borrower: The word"Borrower"means WWG PROPERTIES,VNC.. <br /> Defiauh. The word"Default"means the Default set fiorth in this Assignment in the section titled"Default".. <br /> Event of Default. The words"cvent of Default" mean any of the events of default set forth in this Assignment in. <br /> the default section of this Assignment. <br /> Grarrtor. The word"GranYor"means WING PROPERTIES,INC.. <br /> Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the <br /> Indebtedness. <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 /> Indehtedness. The word "Indebiedness" means all principal, interest, and other amounts, costs and expenses <br /> payable under the Note or Related Documents, together with all renewals of, e�ensions of, modificatiens 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 or expenses incurred by Lender to enforce Grantor's obligations under <br /> tYiis Assignment, together with iMerest on such amounts as provided in this Assignment. Specifically, without <br /> limitation,Indebtedness includes the future advances set forth in the Future Advances provision,together with all <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 Equita6le Bank,its successors and assigns. <br /> Note. The word "Note" means the promissory note dated December 14, 2012, In th0 original principal <br /> amount of 5457,5�0.00 from Grantor to Lender,together with all renewals of,extensions of,modifications <br /> of,refinancings 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"AssignmenY'section of this Assig�ment. <br /> Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan <br /> agreements, environmental agreements, guaranties, szcuriiy agreements, mortgages, deeds of trust, security <br /> deeds, collatera! mortgages, and all other instruments, agreements and documents, whether now or hereafter <br /> existing,executed in connection with the Indebtedness. <br /> Rents. The word"Rents"means all of Grantor's present and future rights,tiile and interest in,to and under any <br /> and all present and future leases, including, without limitation, all rents, revenue, income, issues, royalties, <br /> bonuses,accounts receivable,cash or security deposits.,advance rentals,profits and proceeds from the Property, <br /> and other payments and benefits derived or to be derived from such leases of every kind and nature,whether due <br /> now or later,including without limitation Grantor's rigFit to enforce such leases and to receive and collect payment <br /> and proceeds thereunder. <br /> THE UNDERSIGNED ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF TH1S ASSIGNMENT, AND NOT <br /> PERSOSNALLY SUT AS AN AUTHORIZED S1GN.ER,HAS CAUSED THIS ASSIGNMENT TO BE SIGNED AND EXECUTED � <br /> ON BEHALF OF GRANTOR ON�ECEMSER 14,2012. <br /> GRAEVTOR: <br /> WING PROPERTIES,INC. - <br /> By: S�� " � _"`..�—... <br /> DEAN R�_�of WWG PROPERTIES,WC. <br />