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201301592
<br /> ASSIGNMENT OF RENTS
<br /> Loan No: 10128/779 (Continued) Page 5
<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 ectueily reesived by lelefeciimiie !unless otherwise required by law), when
<br /> deposited with a nationally recognised overnight courier, or, if mailed, when deposited in the United Stetee mail, as
<br /> first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this
<br /> Assignment. Any party may change its eddreas for notices under this Assignment by giving formal written notice
<br /> to the other parties, specifying that the purpose of the notice ie to change the party's eddress. For notice
<br /> purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise
<br /> provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is
<br /> deemed to be notice given to all Grantors,
<br /> Powers of Attorney. The various agencies and powers of attorney conveyed or, Lender under this Assignment are
<br /> granted 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 a court of competent Jurisdiction finds any provision of this Assignment to be illegal, invalid, or
<br /> unenforceable as to any person or circumstance, that finding shalt not make the offending provision ;Hegel, invalid,
<br /> or unenforceable as to any other person or circumstance, if feasible, the offending provision shall be considered
<br /> modified so that it becomes legal, valid 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 illegality, invalidity, or
<br /> unenforceabllity of any provision of this Assignment shall not aftect the legality, validity or enforceability of any
<br /> other provision of this Assignment.
<br /> Successors and Assigns. Subject to any limitations stated In this Assignment on transfer of Grantor's Interest, this
<br /> Assignment shell be binding upon end inure to the benefit of the parties, their successors end eseigns. if
<br /> ownership of the Property becomes vested in a person ether 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 forbearance or
<br /> extension without releasing Grantor from the obligations of this Assignment or liability under the Indebtedness.
<br /> Time ie of the Essence. Time Is of the essence in the performance of this Assignment.
<br /> Waiver of Homestead Exemption, Grantor hereby releases end waives ell 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 fnilowing espitelised worda and terms shall have the following meanings when used in this
<br /> Assignment. Unless specifically seined to the contrary, all references to dollar amounts shall mean amounts in lawful
<br /> money of the i,Jnited•Stetee 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 Commerolel Code;
<br /> Assignment. The word "Assignment" means this ASSIGNMENT OFRENTS, as this'ASSIGNMENT OF RENTS may
<br /> be amended 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 ARIOSTQ O MANRIOUEZ.
<br /> Default, The word "Default" means the Default set forth in this Assignment in the section titled "Default".
<br /> Event of Dafeutt. 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 /> Granter. The word "Grantor" means ARIOSTO 0 MANRIQUE2 and °LOA PAFtfRA DUJRAN.
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<br /> Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to
<br /> Lender, including without limitation a guaranty of all or part at the Note. _
<br /> lndebtsdnase. The word "Indebtedness" means all principal; interest, end other amounts, costs and expenses
<br /> payable under the Nate or Related Documents, together with all renewals of, extensions ot, modifications of,
<br /> consent:la fen* of and substitutions for the Note or Related Documents end any amounts expended or advanced by
<br /> Lender to discharge Grantor's obligations or expenses Incurred by Lander to enforce Grantor's obligations under
<br /> this Assignment, together with interest on such amounts as provided in this Assignment. Specifically, without
<br /> limitation, indebtedness includes the future advances set forth in the Future Advances provision of this
<br /> Assignment, together with all Interest thereon.
<br /> Lender. The word "Lender",means Five Points Bank, its'sucoessora and assigns.
<br /> Note. The word "Note" means the promissory note dated February 7, 2013, in the original principal
<br /> amount of $25,371.00 from Borrower 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 end to all the Property as
<br /> described in the "Assignment" Widen of this Assignment. , •
<br /> Belated Document.. The words "Related Documents mean all promissory notes , eredlt agreements, loan
<br /> agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security
<br /> deeds. collateral .mortgages, end•all other instruments, agreements and documents, whether now or hereafter
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