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2� 17� 1595 <br /> ASSI�NIVIENT �F RENTS <br /> Loan Nv: 'I D"I 3�3'155 ��orltln ued� Page 5 <br /> require. �2� If more than one person signs �his Assignment as "Grantor," the �bligations vf each Grantor are jaint <br /> and se�erai. This m�ans that if Lender brings a lawsuit, Lender may sue any vne nr more of the Grantars. !f <br /> Barrawer and Grantor are nat the same person, Lend�r need not sue Borrawer first, and that Barrawer n�ed not be <br /> joined in any lawsuit. �3S The names gi�en t❑ paragraphs ❑r sectivns in this Assignment are far can�enien�e <br /> purposes on�y. They are not ta �e used to interpret or define the pro�isions ❑f this Assignment. <br /> No V1lai�er t�y Lender. Lender shall not be deemed to ha�e wai�ed any rights under this Assignment unless such <br /> wai�er is gi�en in writing and signed f�y Lender. No delay or omissian on the part of Lender in �xercising any right <br /> shall aperate as a wai�er nf such right or any other right. A wai�er by Lender of a pro�ision o� this Assignment <br /> shall nat prejudice or constitute a wai�er ❑f Lender's right otherwise ta demand strict �ompliance with that <br /> pro�isian or any other pro�isian of this Assignment. No priar wai�er by Lender, nor any caurse of dealing between <br /> Lender and Grantor, shall constitute a wai�er vf any of Lender's rights ❑r af any �f Grantor's obligati�ns as to any <br /> future transacti�ns. Whene�er the consent �f Lender is r�quired under this Assignment, the granting ❑f such <br /> consent by Lender in any instan�e shall n�t constitute continuing consent to subsequent instances where 5L1CI1 <br /> cvnsent is required and �n al� cases such consent may be granted or withheld in the sole discretion vf Lende�. <br /> Natices. Any notice requtred ta be gi�en under this Assignment shall be given in writing, and shall �e ef#eet��e <br /> when aetually deli�ered, when actually r�cei�ed �y telefacsimile �unless otherwise required by lawy, when <br /> deposited with a nationally recagnized o�ernight caurier, nr, if mailed, when deposited in the United 5tates mail, as <br /> first class, cert�fied or registered mail pastage prepaid, directed t❑ the addresses shown near the beginning of this <br /> Assignment. Any party may change its address fvr natices under this Assignment by gi�ing formal written notic� <br /> t� the ❑th�r partiesr specifying tY�at the purpose of the na�ice is to change the par�y's address. Far notice <br /> purposes, Grantor agrees to keep Lender infarmed at all times vf Grantor's current address, Unless ❑therwise <br /> prv�ided or required by law, if there is more than ❑ne Grantor, any notice gi�en by Lender to any Grantvr is <br /> deemed tv be not�ce gi�en to a!� �rantvrs. <br /> Powers ❑f Attorney. The �ariaus agencies and powers o� attorney con�eyed an Lender under fhis Assignment are <br /> granted for purposes af security and may nat be re�oked by Grantar until such time as the same are renounced by <br /> Lender. <br /> Se�erahility. ifi a court of competent jurisdictian finds any pro�ision of this Assignment to be illegal, in�alid, or <br /> unenfarceable as to any circumstance, that finding shall n�t make the offending pro�ision illegal, in�alid, ar <br /> unen�orceable as t❑ any ❑ther circumstance. If feasible, �h� offending prv�isian sha�l be cansidered mvdified so <br /> that it �ecames legal, �alid and enforceable. If the �ffending pro�isian cannot be sa modifi�d, it shall be <br /> considered deleted from this Assignment. Unl�ss ❑therwise requir�d by �aw, the iflegality, in�alidity, ar <br /> unenforceability ❑f any pra�ision ❑f this Assignment shali nat affect the legaEity, �al�dEty ❑� enforceability of any <br /> other pr��ision of this Assignment. <br /> Successvrs and Assigns. Subte�t to any limitations stated in �his Assignment on transfer of Grantor's interest, this <br /> Assignment shall be binding upvn and inure ta the b�nefit of the pa�ties, their successors and assigns. If <br /> awnership v� the Praperty becames �ested in a person �ther than Grantar, Lender, withaut notiee to Grantar, may <br /> deal with Grantvr's successors with referen�e to this Assignment and the Indebtedness by way of forbearance or <br /> extension wirhout rel�asing Grantor from the ❑bligatians of this Assignment ar fiability under the Indebtedness. <br /> Time is Qf the Essen�e. Time is af the essen�e in the perfarmance❑f this Assignment. <br /> Vllaiver of Homestead Exemption. G rantvr hereby release� and wai�es all rights and benefits ❑f the homestead <br /> exemptian laws af the State of Nebraska as t❑ all Indebtedness secured by this Assignment. <br /> V�Jai�er ❑f Right vf Redemption. N�TINITHSTANDING ANY �F THE PROVISIQNS T� THE C�NTRARY <br /> C�NTA�NEa IN THIS ASSIGNMENT, �RA�V��R H�REBY WAIVES ANY AND ALL RIGHTS �F REDEMPTI�N F��� <br /> SALE UNQE#� ANY �RaER DR JU�GMENT QF FURECL�SIJftE �N GRANTaR'S BEHALF AN(J ❑N BEHALF �F <br /> EACH AND EVERY PERSQN, E}CCEPT JU�GMENT CREDIT�RS �F GRANT�R, ACQ�IRING ANY INTEREST lN �R <br /> TITLE T�THE PR4PERT1� SU6SEQUENT T�THE DATE �F THlS A551GNMENT. <br /> DEFENITiQNS. The following capitalized wards and terms shall ha�e the follawing meanings when used in this <br /> Assignment. Unless specifically stated ta th� cantrary, all references ta dailar amaunts shall mean amaunts in lawful <br /> maney of �he United States af America. Wards and terms us�d in th� singular shail include the piural, and the piural <br /> shal� include th� singular, as the context may require. Words and terms not❑therwise defined in this Assignment shall <br /> ha�e the meanings attributed t❑ such terms in the Uniform Cammercia� Cvde; <br /> AssEgnmen#. The word "Assignment" means this ASSi�NMENT �F RENTS, as th�s A551GNMENT pF RENTS may <br /> be amended or madifi�d from time to time, together with all exhibits and schedules attached to this A55EGNMENT <br /> OF RENTS �ram time t❑ time. <br /> Borrower. The ward "Bor�ower" means JE�S PRQPERTIES LL�, CHRISTflPHER D RICHARDS�N and KAREN K <br /> RI�HAR{�S�N. <br /> Default. The word "Default" means �he C�efault set farth in this Assignment in the section titled "❑efault". <br /> E�ent of Default. The wflrds "E�ent of ❑efault" mean any af the e�ents ❑f default set forth in this Assignment in <br /> the detault section ❑f this Assignment. <br /> Grantvr. The word "Grantor" means JEZS PRDPERTIES LLC. <br />