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201400870
<br /> the purpose of the notice is to change the party's address. For notice purposes,Grantor agrees to keep Lender informed
<br /> at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor,
<br /> any notice given by Lender to any Grantor is deemed to be notice given to all Grantors.
<br /> Powers of Attorney. The various agencies and powers of attorney conveyed on 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 circumstance,that finding shall not make the offending provision illegal, invalid,or unenforceable
<br /> as to any other circumstance. If feasible,the offending provision shall be considered modified so that it becomes legal,
<br /> valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this
<br /> Assignment. Unless otherwise required by law, the iilegality, invalidity, or unenforceability of any provision of this
<br /> Assignment shall not affect the legality,validity or enforceability of any 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 shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of
<br /> the Property becomes vested in a person other than Grantor, Lender,without notice to Grantor, may deal with Grantor's
<br /> successors with reference to this Assignment and the Indebtedness by way of forbearance or extension without releasing
<br /> 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 terms shall have the following meanings when used in this Assignment.
<br /> Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United
<br /> States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as
<br /> the context may require. Words and terms not otherwise defined in this Assignment shall have the meanings attributed to
<br /> such terms in the Uniform Commercial Code:
<br /> Assignment. The word"AssignmenY'means this ASSIGNMENT OF RENTS,as this ASSIGNMENT OF RENTS may be
<br /> amended or modified from time to time, together with all exhibits and schedules attached to this ASSIGNMENT OF
<br /> RENTS from time to time.
<br /> Borrowers. The word "Borrowers" means Bosselman Administrative Services, Inc., Bosselman Pump & Pantry, Inc.,
<br /> Bosselman Travel Centers, Inc., Bosselman Motels, Inc. and Boss Truck Shops, Inc.and includes all co-signers and co-
<br /> makers signing the Note and each of their respective successors and assigns.
<br /> Credit Agreement. The words"Credit AgreemenY'mean that certain Amended and Restated Credit Agreement dated of
<br /> even date herewith between Borrowers and Lender,as the same may be hereafter amended,modified or restated.
<br /> Default. The word"DefaulY'means the Default set forth in this Assignment in the section titled"DefaulY'.
<br /> Event of Default. The words "Event of Default" mean any of the events of default set forth in this Assignment in the
<br /> default section of this Assignment.
<br /> Grantor. The word"Grantor"means Bosselman Motels, Inc..
<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 of the Note.
<br /> Indebtedness. The word "Indebtedness" means the indebtedness evidenced by the Note or Related Documents,
<br /> including all principal and interest together with all other indebtedness and costs and expenses for which Grantor is
<br /> responsible under this Agreement or under any of the Related Documents and (a)the payment of Grantor's obligations
<br /> (whether joint, several or otherwise) to Lender as evidenced by any other note(s) or other evidence of indebtedness
<br /> executed by such Grantor and all amendments, modifications, renewals, extensions and substitutions thereof and all
<br /> subsequent notes of greater or lesser amounts payable or assigned to Lender; (b) the performance of Grantor's
<br /> obligations under this Assignment; and (c)the payment of any and all other indebtedness, direct or indirect, mature or
<br /> unmatured or contingent, joint or several now or hereafter owed to Lender by Borrowers or any one or more of them,
<br /> including (without limitation) indebtedness unrelated or dissimilar to any indebtedness in existence or contemplated by
<br /> any Borrower at the time this Assignment was executed or at the time such indebtedness is incurred.
<br /> Page 4 of 6
<br /> Assignment of Rents
<br /> 2013-260
<br /> WA 4733301.3
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