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201504373
<br /> ASSIGNMENT OF RENTS
<br /> Loan No: 101287186 (Continued) Page 5
<br /> estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent
<br /> of Lender.
<br /> Interpretation. (1} In all cases where there is more than one Borrower or Grantor, then all words used in this
<br /> Assignment in the singular shall be deemed to have been used in the plural where the context and construction so
<br /> require. (2) If more than one person signs this Assignment as "Grantor," the obligations of each Grantor are joint
<br /> and several. This means that if Lender brings a lawsuit, Lender may sue any one or more of the Gra�tors. If
<br /> Borrower and Grantor are not the same person, Lender need not sue Borrower first, and that Borrower need not be
<br /> joined in any lawsuit. (3) The names given to paragraphs or sections in this Assignment are for convenience
<br /> purposes only. They are not to be used to interpret or define the provisions of this Assignment.
<br /> No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Assignment unless such
<br /> waiver is given in wrifing and signed by Lender. No delay or omission on the part of Lender in exercising any right
<br /> shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Assignment
<br /> shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that
<br /> provision or any other provision of this Assignment. No prior waiver by Lender, nor any course of dealing between
<br /> Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any
<br /> future transactions. Whenever the consent of Lender is required under this Assignment, the granting of such
<br /> consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such
<br /> consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br /> Notices. Any nofice required to be given under this Assignment shall be given in writing, and shall be effective
<br /> when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when
<br /> deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States 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 address for notices under this Assignment by giving formal written notice
<br /> to the other parties, specifying that the purpose of the notice is to change the party's address. For notice
<br /> purposes, Grantor agrees to I<eep 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 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
<br /> unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so
<br /> that it becomes legal, valid and enforceable. If the offending provision cannot be so rnodified, it shall be
<br /> considered deleted from this Assignment. Unless otherwise required by law, the illegality, invalidity, or
<br /> unenforceability of any provision of this Assignment shall not affect 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 shall 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 Intlebtedness 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 /> 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 attached to this ASSIGNMENT
<br /> OF RENTS from time to time.
<br /> Borrower. The word "Borrower" means HINMAN INVESTMENTS, L.L.C.; JAMES HINMAN; and RENE HINMAN.
<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 HINMAN INVESTMENTS, L.L.C..
<br /> Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to
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