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2� 1 ��7782
<br /> ASSI�NMENT �F RENTS
<br /> Lvan Nv: '1 D'13�0'1 D'I ��ontitlued} Page 5
<br /> lnterpretativn. �1� In all cases wh�r� there is mare than ane Borrower ar �rantvr, then a�i words used in this
<br /> Assignment in the singu�ar shall be deemed t� ha�e been used in the plural where the cantext and canstruct�on sa
<br /> require. �2} If mvre than ane person signs this Assignment as "Grantor," the obfigativns ❑f each Grantor are jvint
<br /> and se�eral. This means that if Lender brings a lawsuit, Lende� may sue any one or more of the Grantvrs. �f
<br /> Barrower �nd Grantflr are not the same persan, Lender need n�t sue Barrower first, and that Sarrawer need not be
<br /> joined €n any lawsuit. �3� The names gi�en tv paragraphs ❑r sections in this Assignment are for can�enience
<br /> purposes only. They are not to be used�o interpret or de�ine the prv�isivns �f this Assignment.
<br /> No Vllai�er hy Lender. Lender shall not be deemed ta ha�e wai�ed any rights under this Assignment unless su�h
<br /> wai�er is gi�en in writing and signed by Lender. No de�ay or omission on the part o�F Lender in exercising any right
<br /> shall operate as a wai�er ❑f such right ❑r any othe� right. A waiver by Lender of a pra�ision of this Assignment
<br /> shall not prejudice �r constitute a wai��r �f Lender's right otherwise to demand strict compliance with that
<br /> pra�ision vr any other pro�isivn of th�s Assignment. No prior wai�er by Lender, nar any cvurse ❑f dealing between
<br /> Lender and Grantor, shall cvnsti�ute a wai�er of any of Lender's rights ar of any of Grantvr's obligativns as to any
<br /> future transactions. Whene�er the consent of Lender is required under this Assignment, the granting af such
<br /> consent by Lender in any instan�e shail nat constitute �ontinuing consent t❑ subsequent ins�ances where such
<br /> cvnsent is required and in all �ases such cvnsent may be granted ❑r withh�ld in the svle discretion of Lender.
<br /> Noti�es. Any nvtice required to be gi�en unde� this Assignm�nt shall be gi�en in writing, and shall be ef�e�ti�e
<br /> when actually deli�ered, when actually re�ei�ed by telefacsimile �uniess vtherwise required by lawy, when
<br /> deposited with a nationally recognized o�ernight courier, or, if mailed, when deposited in the United 5tates mail, as
<br /> first class, certifsed or registered mail pvstage prepaid, directed tn the addresses shawn near the beginning vf this
<br /> Assignment. Any party may change its addr�ss for not�ces under this Assignment by gi�ing formal written nvtice
<br /> to the �ther parties, specifying that the purpose af the notice is tv change the party's address. Far notice
<br /> purp�ses, Grantor agrees t❑ keep Lender infarmed at all times of Grantar's current address. Unless vtherwise
<br /> prv�ided or required by law, if there is more than one Grantor, any notice gi�en by Lender to any Grantor is
<br /> deemed tv be nati�e gi�en to all Grantars.
<br /> P�wers of Attorney. The �arinus agencies and pvwers ❑f attvrney con�eyed on Lender under this Assignment are
<br /> granfied far purposes vf security and may not be re�oked by Grantvr until such time as the same are renounced by
<br /> Lender.
<br /> Se��rability. If a �vurt af campetent jurisdiction �inds any pro�isian vf thfs Assignment to he illegal, in�alid, �r
<br /> unenfarceable as to any persan or Gircumstance, that finding sha�l not make the ❑ffending pro�isian illegal, in�alid,
<br /> ❑r unenforceable as to any other person vr cir�umstance. If feasib�e, the offending pro�ision shall be considered
<br /> m�dified so that it becames legal, �alid and enforceable. !f the affending pro�isian cannat be so modified, it shall
<br /> he c�nsidered deleted fram this Assignment. Unless vtherwise required by law, the illega�ity, in�alidity, or
<br /> unenfarceability af any pro�ision of this Assignment shall not affect the legality, �alid�ty ar enforceabiiity of any
<br /> ather pro�ision ❑f this Assignment.
<br /> Succassars and Assigns. 5ubject to any limitations stat�d in this Assignment❑n trans�er o#Grantor's interes�, this
<br /> Assignment shall be binding upan and inur� to the benefit of the parties, their successors and assigns. If
<br /> ownership vf the Property becvmes �ested in a person ❑ther than Grantar, Lender, without notice t❑ Grantor, may
<br /> deal with Grantor's successors with reference to this Assignment and the �ndebtedness by way of forbearance vr
<br /> ext�nsion without releasing Grantor trom the �bligations of this Assignment or liability under the lndebtedness.
<br /> Time is of the Essence. Time is of the essence in the perfarmance of this Assignment.
<br /> �1Vaiver ❑f Nvmestead Fxempti�n. Grantor hereby releases and waives all rights and benef�ts of the homesteac�
<br /> exemp�ian laws vf the 5tate of Nebraska as t❑ al� Indebtedness secured by this Assignment.
<br /> DEFINITEDNS. The following �apitalized words and terms shall have the f�llnwing meanin�s when used in this
<br /> Assignment, Unl�ss speci#ically stated ta the contrary, all references ta dollar amounts shall mean amaunts in lawful
<br /> money of the Un�ted 5tates of America. Vllards and terms used in the singu�ar shal� include the plural, and the plural
<br /> shall inc�ude the singular, as the context may require. Words and terms not ❑therwise defined in this Assignment shall
<br /> ha�e the meanings attributed to su�h terms in the Uniform Cammercial Code:
<br /> Assignment. The word "Assignment" means this ASSIGNMENT QF RENTS, as this A55IGNMEfVT�F f�ENTS may
<br /> �e amended vr modified from time tv time, tagether with all exhibits and schedules attached to this A551GNMENT
<br /> ❑F RENTS from time to time.
<br /> 6orrower. Th� wvrd "Borrower" means JDN M MYERS and CHANDRA L MYERS.
<br /> De�ault. The word "❑efault" means the �eFaul� set farth in this Assignment in the section tit�ed "Default".
<br /> E�ent vf Default. The w�rds "E�ent ❑f Default" mean any of the e�ents o# default set forth in this Assignment in
<br /> the defau�t section o�this Assignment,
<br /> Grantvr. The word "Grantar" means JON M MYERS, CHANQRA L MYERS, ❑ARRELL D HINR�CHS and MARLENE
<br /> M HINRICHS.
<br /> Guaranty. The wvrd "Guaranty" means the guaranty fram guarantor, endorser, surety, or accommodati�n party to
<br /> Lender, in��uding withaut�imitation a guaranty af all or part of the Note.
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