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201309933
<br /> ASSIGNMENT OF RENTS
<br /> (Continued) Page 5
<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 is of the Essence. Time is of the essence in the performance of this Assignment.
<br /> Waive Jury. All parties to this Assignment hereby 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 /> Waiver of Right of Redemption. NOTWITHSTANDING ANY OF THE PROVISIONS TO THE CONTRARY
<br /> CONTAINED IN THIS ASSIGNMENT, GRANTOR HEREBY WAIVES ANY AND ALL RIGHTS OF REDEMPTION FROM
<br /> SALE UNDER ANY ORDER OR JUDGMENT OF FORECLOSURE ON GRANTOR'S BEHALF AND ON BEHALF OF
<br /> EACH AND EVERY PERSON, EXCEPT JUDGMENT CREDITORS OF GRANTOR,ACQUIRING ANY INTEREST IN OR
<br /> TITLE TO THE PROPERTY SUBSEQUENT TO THE DATE OF THIS ASSIGNMENT.
<br /> DEFINITIONS. The following capitalized words and terns 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 /> he 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 Ames Development*LLC.,a Nebraska limited liability company.
<br /> Default. The word"Default"means the Default set forth in this Assignment in the section titled"Default".
<br /> Event of Default. 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 Ames Development,LLC.,a Nebraska limited liability company.
<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 /> 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 by
<br /> Lender to discharge 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.
<br /> Lender. The word"Lender'means Mutual of Omaha Bank,its successors and assigns.
<br /> Note. The word "Note" means the promissory note dated December 23, 2013, in the original principal
<br /> amount of$596,000.00 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"Assignment"section of this Assignment.
<br /> Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan
<br /> agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security
<br /> deeds, collateral 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,title 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 right to enforce such leases and to receive and collect payment
<br /> and proceeds thereunder.
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