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2� 1 ��7�� 1
<br /> ASS��N N!ENT �� RENTS
<br /> �COr1tiMU�d} Page 4
<br /> joined in any lawsuit. �3� The names gi�en to paragraphs v� sectians in this Assignment are fQr con�enience
<br /> purposes aniy.They are nvt to be used to in#erpret or define the prv�isivns af thts Assignmsnt.
<br /> No Wai�er by Lender. Lender shali nvt be deemed ta have waived �ny rights unde�-this Assignment unless such
<br /> waiWer is giVen i�wr�#�ng and signed �y Le�der. Nv d�aay or omiss�on on#he part of Lender in exercising an�right
<br /> shall operate as a wai�er of such right or any other right. A waiver by Lender af a provision of thEs Assignment
<br /> shall nvt prejudice or constitute a wai�er of Lender's right otherwise to demand s#�ict complianGe with that
<br /> prvvisivn or any othsr provision vf this Assignment. No priar waiver by Lender, nor any course of dealing between
<br /> Lender and Grantor, shall constitute a wai�er of any of Lender's rights or af any of�rantor's obligat�ons as to any
<br /> future transa�tions. Vllhene�er the cansent of Lender is required under this Assignmen#, the granting of such
<br /> �nnsent by Lender in any instance sha�� not constitute continuing consent to su�sequent instances where such
<br /> cansent is rsquired and in ali cases such consent may be granted or withheld in the sole discretion af Lender.
<br /> Notices. Any notice required fo be gi�en under#his Assignment shal! be gi�en in writing, and shall be effecti�e
<br /> when actualiy del�vered, wh�n actua�ly recei�ed by telefac��mile �unless o#herwise required b� !aw}, when
<br /> depvsited with a nationafiy recagnized o�ernight cvurier, ❑r, i�mailed,when depasited in�he Vnited States mail,as
<br /> first c�ass,certified ar registered mail p�stage prepaid, directed t❑#he addresses shvr►un near the b�ginning vf this
<br /> Assignment. An}�part}� may change its addr�ss far no#ices under this Assignment by gi��ng fvrmal written nvtice
<br /> tv #he other parties, specifying that the purpose o� the natice is to change the party's address. Fvr notice
<br /> purposes, Grantnr agrees ta keep Lender informed at al� times of Grantor's �u�-rent addr�ss. Unfess vtherwise
<br /> pro�ided or required by law, if there is mare than ❑ne Grantar, any notice gi�en by Lender ta any Grantor is
<br /> deemed to be nvtice gi�en to al! Gran#ors.
<br /> Powers of Attorney. The vari�us agencies and pvwers vf attorney conveyed vn Lend�r under this Assignment are
<br /> gran#ed fvr purposes Qf security and may not be re�okec� by Grantor until such time as the same are ren�unced by
<br /> Lender.
<br /> Se�erability. If a cc�urt vf oompetent jurisdiction finds any pro�isian of this Assignment to be i!legai, in�alid, �r
<br /> unenfarceabl� as to any circumstance, that f nding s�all not make the o�#ending prvv�sion i�l�al, inualid, or
<br /> unenforoeable as to any other circumstance. If feasible, the offending prv�ision shall k�e considered modified so
<br /> that it beaomes legal, �alid and enforceable. If the offending pro�isivn cannat be sa modified, it shall be
<br /> cansid�r�d dsleted �rom tl��s �ssignmen#. Un��s otherwise required by law, #he illegafity, in�alidity, or
<br /> unenfarceability of any provis�on af this Assignmen# shall not afFect the iegality, �alidity ar enforceability vf any
<br /> othe�pro�ision o#this Assignment.
<br /> Successvrs and►�ssigns. 5uk�ject to any fim�tativns stated tn this Assigr�r�ent an trar�ster af Gran#ar's int�rest, this
<br /> Assignment shall be binding upon and inure to the beneFt of the parties, their suc�essvrs and assigns. �f
<br /> ownership of the Property becomes�ested in a persvn other than Grantor, Lender,without notice to Gran�ar, may
<br /> deal with Grantar's successors w�th referenc�ta #his As�i�r�ment and tne lndebtedness by way af forbea�-ance or
<br /> extension without releasing Grantor from the obfigations of this Assignment�r�iabi�ity under the Indebte�ness.
<br /> Time is of the Essence. Time is vf the essence in the performance of this Assignment.
<br /> Wai�e Jury. All parti�s ta this Assignment hereby wai�e the righ#to any jury trial in any action, prviceeding, or
<br /> � counterclaim brought by any party aga�nst any othe�party.
<br /> Vllai�er of Homest�ad Exemption. Grantor here�y releases and waiv�s a�l righ#s and benefits of the homestea�
<br /> exemptivn laws o��he State a�N�braska as ta a1i lndebtedness secured by this Assignmen#.
<br /> aEFIN�TI�NS. The fvllowEng capitalized words and terms shall ha�e the following meanings when used in this
<br /> Assignment. Llnless spec�ficatly stated t❑ the contrary, a{I referenGes #o d�ilar amvunts shalt mean amounts in �aw�ui
<br /> money of the Llnited States af America. Words and terms used in the singufar shall include the plurai, and the plural
<br /> sha��include the singular, as the context may require. VlJords and terms not otherwise defined in this Assignment shall
<br /> have the meanings attributed to such terms in the Uniform Commercia�Code:
<br /> Asslgnment. The word "Assignment" means this A5Sl�NMENT�F RENTS, as this ASS�GNMENT�F RENTS may
<br /> be amended or modified�rom time to tim�,together with all exhibits and schedules attached t�this ASSl�NMENT
<br /> �F RENTS from time to time.
<br /> Barrower. The word "Bvrrower" means H&J Properties, LLC; Island Plumbing Company, Inc.; Herman T Mey�r;
<br /> ar�d Joanne�M eyer.
<br /> Default. The word "D�fault"means the Default set fvrth in this Assignment in the section titled "Default".
<br /> E�ent nf Default. The words "E�ent of Defauft" mean any of the events vf d�fault set�orth in this Assignment in
<br /> the default section vf this Assignment.
<br /> Grantvr. The word "Granto�"means H&J Properties, LLC.
<br /> Cuaranty. The word "�uaranty'" means the�uaranty from guarantor, endorser, surety,or�ccommodation party to
<br /> Lend�r,including without limitativn a guaranty of all or part Qf the Note.
<br /> �ndebtedness. The word "lndebtedness" means al� principai, interest, and other amounts, C05�5 and expenses
<br /> payab{e under th� Nvte vr Relat�d ❑ocuments, together with all �enewals of, extensi�ns of, modifications of,
<br /> consoiidatians of and substitutions far the Note ar Related Documents and any amaunts expended ar advanced by
<br /> Lender to discharge Grantar's obligations or expenses incurred by Lende�-to enf�rce Granto�'s o�ligations under
<br /> this Assignmen�, tvgether with interest on su�h amounts as prv�ided in �his Assignment. Spe�ifical�y, w�thvut
<br /> limitation, �ndehtedness inciudes #he future ad�ances set forth in the Futur� Advar�ces prv�isivn, together with all
<br /> interest thereon and ai! amounts that may be indirectly secured by the Crvss-Collatera�ization pra�ision of this
<br /> Assignment.
<br /> Lender. The word "Lender"means First Nationai Bank af�maha,its successors and as$igns.
<br /> Nvte. The wvrd "Note" means any and ail af 8orrower's liabilrties, obli�atians and d�bts to Lender, now existing
<br /> or hereinafter incurred ar created, including, without limitativn, all loans, advances, interest, c�sts debts, overdraft
<br /> indebtedness, credit card indebtedness, Eease abligations, liabilities and obligations under interest rate pratect�on
<br /> agreements ar fvreign cur�-ency exchange agr�ements❑r�ommodity price protectivn a�reements,nther obligations,
<br /> and liabil�ties of Bvrrower together with al� modifications, increases, renewals, and extensions of the
<br /> afvremention�d. Additivnally, hereby incorpvrated as if fully set forth herein are the terms and conditions of any
<br /> prvmissvey note, agreement o�- other d�cument executed by Barrawer andlor Lender Endicating this security
<br /> ins#�-ument or the property descrihed herein shaif be cvnsidered "Collatera!" securing such promissory note,
<br /> agreement,or vther instrum�nt,or any similar refer�nce.
<br /> �roperty. The ward "Property" means �l! vf Grantor'� righ#, title and interest in and to all the Praperty as
<br /> described in the"Assignment"se�tion af this Assignmen�.
<br /> Reiat�d Documents, The words "'Related Documents" mean a!i prvmissvry nvtes, credit agreemen#s, Ioan
<br /> agreements, en�ironmental agreements, guaranties, security agreemer�ts, mv�tgag�s, dee�s af trust, sec�r�ty
<br /> deeds, collat�ra� mvrtgages, and a11 other instruments, agreements and documents, whether naw or he�eafter
<br /> existing,executed in cannection with the Indebtedness.
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