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2� 17� 1924
<br /> ASSR�NMENT �F RENTS
<br /> Loan Na: '��'I 3�3355 ��ont�nu�dy Page 5
<br /> purposes only. They are not tv be used to �nterpre� or define the pro�ksions af�his Assignment.
<br /> No Wai�er by Lender, Lender shall not be deemed t� ha�e wai�ed any rights under this Assignment unless such
<br /> waiver is gi�en in writing and signed by Lende�. Nv de�ay nr omission on the part vf Lender in exercising any right
<br /> sha�l operate as a wai�er ❑f such right or any ather right. A wai�er by Lender of a pro�ision of this Assignment
<br /> shall nat prejudice or c�nstitute a wai�er of Lender's rEght ❑therwise to demand strict comp�iance with that
<br /> pra�isian ar any other pr��isivn of this Ass�gnmsnt. No pr�ar wai�er by Lender, nor any course of dealing between
<br /> Lender and Grantor, shafl constitute a wai�er af any of Lender's rights or o� any of Grantor`s ab��gations as to any
<br /> �uture t�ansa�tions. Whene�er the cansent �f Lender is required under this Assignmen�, the granting vf such
<br /> consent by Lender in any instan�e shall nat constitute continuing consent to subsequent instances where such
<br /> consent is required and �n all cases such cvnsent may �e gran�ed ar withheld in the soie discretion of Lender.
<br /> Notices. Any natice required to be gi�en und�r this Assignment shall b� g��en in writ�ng, and shal! be effecti�e
<br /> when actually deli�ered, when actually recei��d by telefacsimile �un�ess atherwise r�quired �y law}, when
<br /> deposited with a nat�anally re�flgnized ❑�ernight caurier, ar, if mailed, when deposited in the Linited 5tates mail, as
<br /> first class, certified or registered mail postage prepaid, dtrected to the addresses shown near the h�ginning vf this
<br /> Assignment. Any pa�ty may Ghange its address #or natices under this Assignment by giving formal written notice
<br /> to the ather parties, specifying that �he purpose o# the notice is to change the party's address. Far notice
<br /> purpases, Grantor agrees to keep Lender informed at all times af Grantor's current address. Llnfess otherwise
<br /> pravided nr required by law, �f there is more than one Grantor, any notice gi�en by Lender to an� Grantor is
<br /> deemed ta be not�ce gi�en ta alf Grantors.
<br /> Powers of Attvrney. The �arious agencies and powers af attorney canv�yed on Lender under this Assignment are
<br /> granted for purposes of security and may na� be re�aked by Grantor until such time as the same ar�e renvunced by
<br /> Lender.
<br /> Se�erabi�ity. If a cou�C �f competent �ut�isdiction finds any pro�ision o� th+s Assignment t❑ be illegal, in�alid, or
<br /> unenfarceable as to any cir�umstance, that finding shall nat make the offending pro�isEon iflegat, }n�alid, or
<br /> unenforcea�le as to any ather circumstance, I# feasib�s, the affending pro�ision shall be cvnsidered modified so
<br /> that it becames legal, �alid and enfor�eable. If the offending provision �annot be s❑ modified, it shal! b�
<br /> �onsidered deleted from this Assignment. Unless otherwise requir�d by law, the illegality, �n�aiidity, or
<br /> unenforceabi�ity of any pro�ision ❑f this Assignment shall nat affect the legafity, �alidity or enforceability of any
<br /> other pra�isian of this Ass�gnment.
<br /> Successors and Assigns. Subject to any limitations stated in this Ass�gnmen�on transfer of Grantor's interest, th#s
<br /> Assignment sha�f be binding upan an� inure to the benefit oi the parties, their successors and ass�gns. If
<br /> awnership vf the Prope�ty becomes �ested in a person ather than Grantar, Lender, without notice to Grantor, may
<br /> deal with Grantor`s successars with reference to this Assignment and the �ndebtedness by way af farbearance or
<br /> extension without releasing Granto�from the obligatians af this Assignment ar liability under the �ndebtedness.
<br /> Time is vf the Essen�e. Time is of the essen�e in th� performance flf this Assignment.
<br /> Wai��r ❑f Homestead Exemptian. Grantar hereby refeases and wai�es ail rights and aenefits �f the hvmestead
<br /> exemption laws at the State ot Ne�raska as ta all Ind�btedness secured by this Assignment.
<br /> DEFINfTi�NS. The fallowing capitalized words and terms shall ha�e the fallawing meanin�s when used in this
<br /> Assignmen�. Un�ess specifically stated to the contrary, all references to dolla� amaunts shaf� mean amounts in �awtu!
<br /> money ❑f the United States af Ame�ica. Words and terms used in the singular shai! includ� the plural, and the plural
<br /> shal� include the singufar, as the context may require. Wards and terms not Qtherwise defined in this Assignment shall
<br /> ha�e the meanings attributed to such terms in the Unifarm Gammercial Code:
<br /> Assignmen#. The word "Assignment" means this ASSIGNMENT DF RENTS, as this ASSIGNMENT QF RENTS may
<br /> be amended or madif�ed from time to time, together with ail exhib+ts and schedules a�tached tn this A551GNMENT
<br /> �F RENTS from time to t�me.
<br /> Borrvwer. The wnrd "Barrower" means CYA MANAGEMENT LLC, ARTURD NUNEZ JlMENEZ and CLAU��A
<br /> NUNEZ.
<br /> �etault. The word "Default" means the Defau�t set forth in this Assignment in the se�tion titled "Defauft".
<br /> Event of Detaul#. The words "Event of Default" mean any ❑f the e�ents of detault set farth in this Assignment in
<br /> the defauft section of this Ass+gnment.
<br /> Grantor. Th� word "Grantor" means CYA MANAGEMENT LLC,
<br /> Guaranty. The ward "Guaranty" means the guaranty from guarantor, endarser, surexy, or accommodation party t❑
<br /> Lender, inc�uding withaut I�mita�ivn a gua�anty of a!! or part ❑f the Note.
<br /> Indebtedness. The word "lndebtedness" means a!I principal, interest, and other amaunts, casts and expenses
<br /> payable under the Nvte or Relat�d aacuments, �ogether wtth a�l t�enewals af, ext�en�ions of, modifications a�,
<br /> cansolidations of and 5Ub5tltLltl��1S f�r the Nflte ❑r R�lated Dacumen�s and any amounts �xpended or ad�anced by
<br /> Lender ta dis�harge Grantar's obiigatEans or expenses Encurred by Lender to enforce Grantar's ❑blEgations under
<br /> this Assignm�nt, together with interest an such amaunts as pro�ided in this Assignment. 5pecifically, without
<br /> limitation, Indebtedness fn��udes the future ad�ances set f�rth in the Future Ad�ances pro�i�i�n, t�g�ther with all
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