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2� 1 ��5488
<br /> ASSICN111iENT �F RENTS
<br /> ��qntl r1 U�d} Page 5
<br /> tha� it be�omes legal, vafid and enforceab�e. If the offending pro�ision cannot be so modi�ied, it shail be
<br /> considered deleted from �his Assignment. Unless athenrvise requ�red by �aw, the illegal�ty, in�alidity, ar
<br /> unenfor�eability of any provisian o��his Assignment shall no� a�fect the legaii�y, �alidity or �n�arceability �f any
<br /> other prov[s[an of this Assignment.
<br /> 5uccessors and Assigns. Subject t❑ any�imitations stated in this Assignment on transfe�-of Gr-an�or's in�e�-es�, this
<br /> Assignmen� sha�l be hindir►g upan and inure to �he henefi� of the parties, �heir successors and assigns. [�
<br /> ownership of the Property be�omes�ested �n a person o�her than Grantor, Lender, w�thaut natice to G�-an�or, may
<br /> deal with Grantar's su�cessors with referen�e t� this Assignment and �he Indebtedness by way of�orbearan�e ar
<br /> extension without releasing Grantar from�he obligations of this Assignme�t or iiabil�ty under the lnde��edness.
<br /> Time is of the Essence. Time is of th��ssence in#he per#ormance of this Assignmen�.
<br /> Wai�e Jury, All parties �o this Assignment hereby wai�e the righ� �o any�ury trial in any action, proceeding, or
<br /> cvunterclaim �rvught by any party against any other par�y.
<br /> V1Jai�er af Hvmesfead Exemption. Grantor hereby r�leases and waives ali rights and bene�its ❑f the homestead
<br /> exemption laws❑f the State of Nebraska as ta al� [ndeb#edness secured �y this Assignmen�.
<br /> VIJai�er of R�ght of Redemp�ivn. N�T111lITHSTAND[NG ANY �F THE PRflV�51�NS T� THE C�NTRARY
<br /> C�NTAINED 1N THIS ASSIGNMENT, GRANT�R HERE6Y�IVAIVES ANY AND ALL RIGHTS�F REDEMPTf�N FR�M
<br /> SALE �NDER ANY �RDER 4R JUDGMENT 4F F�RECL�SURE �N GRANT�R'S BEHALF AND �N BEHALF �F
<br /> EACH AND EVERY PERS�N, EXCEPT JUDGMENT�RE��T�RS �F GRANT�R, A�(�L11R[NG ANY �NTEREST IN �R
<br /> T(TLE T�THE PR�PERTY SUBSEC,�UENT T�THE DATE�F TH1S ASSIGNMENT.
<br /> DEF[NITI4NS. The following capitali�ed words and terms shall have the fa�lowing meanings when used in this
<br /> Assignmen�. �nless specifi�al�y stated t� the con�rary, al� references t� dollar amoun�s sha�l mean amounts in lawfuf
<br /> money of the United States of Am�rica. Words and terms used in �he singu�ar shall include �he plural, and the plural
<br /> shafl include �he singular, as the con�ext may require. 1Nords and terms no�otherwise defined in this Ass�gnment sha�l
<br /> ha�e the meanings attributed to su�h terms in the Uniform �ommer-cia� Code:
<br /> Assignment. The wo�d "Assignmen�" means this AS5IGNMENT�F RENTS, as th�s ASSfGNMENT flF RENTS may
<br /> be amended or modified f�om time to�ime, �ogether with a�l exhibits and schedules attached ta this A551GNMENT
<br /> �F RENTS from�ime�o time.
<br /> Borrower. The word"Borrower"means TS'i 2 PHASE f I LLC.
<br /> �efau[t, Th�word "aefault"means the ❑efault set forth in this Assignment in the section t�tled "De�ault".
<br /> E�ent of aefault. The words "EWent of Default" m�an any of�he events of default set for#h in this Assignment in
<br /> �he defau[t section of�h�s Assignment.
<br /> Grantor. The word "Grantor" means TS`�� PHASE 1� LLC.
<br /> �uarantor, The word "Guarantor" means any guarantor, surety, ar accommoda��on party af any or al� of the
<br /> Inde�tedness.
<br /> Guaranty. The word "�ua�-anty" means the guaranty from Guarantor to Lender, including wi�hou# limi�ation a
<br /> guaranty o�al[or part of�he No�e.
<br /> Indeb�edness. The wo�-d "�ndeb�edness" means al� prin��pal, interr�st, and other arnounts, cos�s and expenses
<br /> payable under the No�e or Related Documents, tog�ther with al� renewals of, extensions ❑f, modi�icatians af,
<br /> cvnso�ida�ions of and subsfitu�ions for the Na�e or Related Documents and any amounts expended or advanced by
<br /> Lender to discharge Grantor`s �bliga�ions or expenses incurred by Lender to enforce Grantor's obligatians under
<br /> this Assignrnent, toge�her with interes# on such amounts as pro�ided in this Assignmen�. Specifica![y, without
<br /> limitation, fndeb�edness �ncludes a�l amoun�s that may be indirect�y secured by the CrossW�o�la�erali�ation pro�ision
<br /> af this Assignmen�.
<br /> Lender. The ward "Lender"means Access Bank, its successors and assigns.
<br /> Note. The word "Na�e" means the promissory note dated August �3, ��'�6, irt the orig�nal princ�pal
<br /> amounf of $5,137,5��.�� from Grantor to Lender, toge�her with al� renewals ❑f, ex�ensions of,
<br /> modif�cations of, refinancin�s of, c�nso�ida�ions o�, and sut�sti�utions for the promissory note ar agreement.
<br /> Proper�y. The word "Property" means all of Gran�or's right, title and interes� in and to all the Properky as
<br /> described in the"Assignment"section of this Assignment.
<br /> Related ❑ocumenfs. The words "Related Dacuments" mean afl promissary notes, credit agreements, loan
<br /> agreements, en�ironmental agreements, guaranties, security agreemenfs, martgages, deeds of trust, security
<br /> deeds, colla�eral mortgages, and alf other instruments, agreements and documents, whe�her now vr hereafter
<br /> existing, execu�ed in connection with the Indebtedness.
<br /> Rents. The,wo�-d �rRen�s" means a�l of G�-antor's present and future rights, titie and interest in, fo and under any
<br /> and a[I present and future leases, including, without fimi�a�ion, al� rents, revenue, income, issues, royalties,
<br /> bonuses, accounts re�ei�able, cash o� security depos�ts, adWance ren�als, profits and proceeds,from the Prope�ty,
<br /> and other payments and benefits deri�ed o�-to be der��ed from such leases o�e�ery kind and na�ure, whethe�due
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