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<br /> ASSI�NMENT C]F RENTS
<br /> Loan Nv: 'i�"��98553 ��ontlr�ued� Page 5
<br /> shall operate as a wai�er af su�h right ❑r any other right. A wai�er �y Lender of a pra�ision of this Assignment
<br /> shall nvt prejudice ❑r constitute a wai�er o� L�nder's right otherwise to demand strict compliance with that
<br /> pro�isivn o� any�ther pro�ision of this Assignment. No prior wai�er by Lender, nvr any �ourse ❑f deaiing betwe�n
<br /> Lender and Grantar, shall constitute a wai�er of any of Lender's rights vr of any ❑f Grantar's obligations as t� any
<br /> future transa�tions. Whene�er the consent of Lender is require� under this Assignment, the granting of such
<br /> consent by Lender in any ins�ance shall nat constitute �antinuing consent to subSequent instances where su�h
<br /> consent is r�quired and in all �ases such c�nsent may be granted ❑r withh�id �n the sole discretivn of Lender.
<br /> Nvtices. Any natice required to be gi�en under this Assignment shall be gi�en in writing, and shall be effecti�e
<br /> when actually delivered, when a�tually recsi�ed by telefacsimile �unless vtherwise required by law�, when
<br /> depasited with a natianally recagnized o�ernight courier, ❑r, if mai�ed, when deposited in the LJnited 5tates mail, as
<br /> first class, certifi�d or registered mail postage prepaid, directed to the addresses shvwn near the beginning of this
<br /> Assignment. Any party may change its address for natices under this Assignment by gi�ing fiarmal written notice
<br /> tn the ❑ther part�es, spe�ifying that the purpose ❑f the n�tice is to change �he party's address. Far natice
<br /> purposes, Grantor agrees to keep Lender informed at all times �# Grant�r's current address. Unl�ss otherwise
<br /> pro�ided or t�equ�red by �aw, if there is m�re than one Grantor, any notice gi�en by Lender ta any Grantor is
<br /> deemed to be nvtice gi�en t❑ a�� Grantvrs.
<br /> Powers of Attorney. The �arivus agenctes and pawers vf attarney con�eyed on Lender under�his Assignment are
<br /> granted for purposes of security and may not be re�vked by Grant�r until such time as the same are renounc�d by
<br /> Lender.
<br /> 5e�erability. �f a court ❑f c�mpetent jurisdiction finds any prv�isi�n of this Assignment to be illegal, fn�aiid, or
<br /> unen�vrceable as to any circumstan�e, that finding shaEl not make the vffend�ng pro�ision i�legal, in�alid, ❑r
<br /> unenfarceable as tfl any other circumstance. �f feasible, the affending pro�isian shall h� cvnsidered modified 5D
<br /> that it be�omes legal, �alid and enforceab�e. If the vffending pro��sivn cannot be s❑ madified, it shall be
<br /> considered d�le�ed firam this Ass+gnment. Unless oth�rwise required by law, the illegality, in�alidity, or
<br /> unenfor�eability of any pro�ision o� this Assignment shall na# affect the legality, �alidity vr en#arceabiliCy of any
<br /> ather pro�ision af this Assignment.
<br /> Successars and Assigns. Subject to any �imitatiflns stated in this Assignment on transf�r of Grantor's interest, this
<br /> Assignment shall be �inding upvn and inure t� the b�nefit vf the parties, their successors and assigns. If
<br /> ownership of the Property b�cames vested in a person �ther than Grantar, Lender, without notice to Grantvr, may
<br /> deal with Grantor's successors with r�eferenGe tv this Assignment and the Indebtedness by way af forbearance or
<br /> extension without releasing Grantar fram the ❑b�xgatians vf this Assignment❑r liability under th� Indebtedness.
<br /> Time is of the Essence. Time is af the essence in the performance of this Assignment.
<br /> 1Nai�er vf Homestead Exemption. Grantar herehy releases and wai�es all rights and b�nefits af the homestead
<br /> exemption iaws of the State ❑f Nebraska as tn all lndebtedness secured by this Assignment.
<br /> DEFINfTI�NS. The fol�awing �apitalized words and terms shalf ha�e the fallowing meanings when used in this
<br /> Assi�nment. �nless specifically stated to the contrary, all t�eferences to dollar amaunts shall m�an amounts in lawful
<br /> maney of the United States af America. Words and terms used in the singular shall include the plural, and the plural
<br /> shalf �nclude �khe singular, as the cantext may requirs. Wards and terms nat atherwise de#ined in this Assignment shall
<br /> ha�e the meanings attributed t❑ such terms in the Uniform �ammer�iaf Code:
<br /> Assignment. The word "Assignment" means this A551GNMENT �F RENTS, as this ASSIGNMENT �F RENTS may
<br /> be amended or modified from �ime ta time, together with a�� exhibits and schedules attached tn this A55lGNMENT
<br /> �F RENTS from time to time.
<br /> Bvrrower. The word "Borrower" means �T H�MES LLC, DENNIS A LILIENTHAL and TRENTDN A LILIENTHAL.
<br /> Default. The word "Default" means the Default set forth in this Assignment in the sect�on titled "Default".
<br /> E�ent of Default. The words "E�ent ❑f Default" mean any �f the e�ents �f default set forth in this Assignment in
<br /> the d�fault sectian af this Assignment.
<br /> Grantor. The ward "Grantor" means DT HOMES LLC.
<br /> Guaranty. Th� word "Guaranty" means the guaranty frvm guarantvr, endorser, su�ety, vr acc�mmodation party to
<br /> Lender, in�luding withaut limitation a guaranty af all or part of the Nate.
<br /> Indehtedness. The ward "�ndebtedness" m�ans all principal, interest, and ather amounts, casts and expenses
<br /> payable under the Nate vr Related Documents, together with all renewals a�, extensions af, modifications af,
<br /> consolidations of and substitutians for the Note ar Related Documents and any amvunts expended or ad�anced by
<br /> Lender to discha�ge Grantor's obligations or expenses inCurred by Lender to enfor�e �rantor's obligations unde�
<br /> this Assignment, tagether with interest on such amounts as pra�ided in this Assignment. 5pecifically, withaut
<br /> limitation, Indebtedness includes the future ad�ances set forth in the Future Ad�ances pr���sivn vf this
<br /> Assignment, together with al! interest thereon.
<br /> Lender. The word "Lender" means Fi�e Points Bank, its suCcessors and assigns.
<br /> No#e. The ward "Note" means the prvmiss�ry nvte dated September �8, 2�16, iCl th� vrEgina! principal
<br /> amaunt of $�8,�77.9� fram Borrower t❑ Lender, together with all renewais ❑f, extensians of, modifications
<br />
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