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2� 17�2328
<br /> ASSIGNMENT �F RENTS
<br /> Loan Nv: ���3�382� ��orltirlued} Page 5
<br /> Na Wai�er by Lender. Lend�r shall not b� de�med to ha�� wai�ed any rights under this Assignment unless such
<br /> wai�er is given in writ+ng and signed by Lender. Nv delay or omissivn an the part of Lender in �xercising any right
<br /> shali opera�e as a wai�er of such right ❑r any other �ight. A wai�er by Lender of a pra�isivn of this Assignment
<br /> shall nat prejudice ❑r constitute a wai�er �f Lend�r's right ❑therwise to demand strict comp��an�e with that
<br /> pra�ision ❑r any other pra�isian of this Asstgnment. No priar wai�er by Lender, nar any �ourse of dealing between
<br /> Lender and Grantor, shaEl cons�itute a wai�er of any of Lender's rights ❑r ❑f any of Grantar's abligativns as to any
<br /> future transactions. Whene�er the cons�nt af Lender is required under this Assignment, the granting ❑f suGh
<br /> consent by Lender in any instance shall not constitute continuing consent to subsequent instan�es where such
<br /> c�nsent is required and in all cases such consent may be granted ❑r withheld in the sale dis�retion❑f Lend�r.
<br /> Notices. Any notice required ta be gi�en under this Assignment shall be gi�en in writing, and shall be effiect��e
<br /> when actual�y deli�ered, when actually recei�ed by te�efacsimiie tunless otherwise requir�d by lawy, when
<br /> depasited with a natEanaEly recagnized ❑�ernight cour{er, or, i# mailed, when depvsited in the LJn�ted States mail, as
<br /> f�rst ciass, certified ar registered maii postage prepaid, direct�d to the addresses shown near the beginning af this
<br /> Assignment. Any party may change its address for notices under this Assignment by gi�ing farma� written notice
<br /> t❑ the ❑�her parties, specifying that the purpase ❑f the notice is t❑ change the party's address. For notiGe
<br /> purposes, Grantflr agrees ta keep Lender informed at a�i times ❑f Grantor's current address. Unless otherwise
<br /> pro�ided ar requir�d by law, if there is more than �ne Grantar, any nvtice gi�en by Lender to any Grantvr is
<br /> deemed t❑ be notice gi�en t❑ all Grantors.
<br /> Powers vf At#orney. The �arious agencies and pawers ❑f a�torney con�eyed �n Lender under this Assignment are
<br /> granted for purposes of security and may nat be re�oked by Grantor until such time as the same are renaunced by
<br /> Lender.
<br /> Se�erability. If a court a� campetent jurisdictian finds any pra�ision of th�s Assignment t� be illega�, in�alid, or
<br /> unenf�r�eable as t❑ any circumstance, that finding shall not make the offending pro�isian illegai, in�atid, or
<br /> unenforceable as to any ather circumstan�e. If feasible, the �ffending pr��ision shall be cansidered m�dified s❑
<br /> that it bec�mes legal, �alid and enforceable. I# the affending pro�isifln cannat be so modified, it shall be
<br /> cansidered deieted from this Assignment. lJnless otherwise required by law, the illegality, �n�alidity, vr
<br /> unenforceability of any pro�isian o� this Assignment shall nat affect the legality, �alidity ❑r enfarceabi�ity of any
<br /> other pro�isian af this Assignment.
<br /> Su�cessor� and Assigns. Subj�ct ta any limitations stated in this Assignment on transfer of Grantar's inter�st, this
<br /> Assignmen� shai] be binding upon and �nure tv the benefit of the parties, �heir SIJCCeS50C5 and assigns. If
<br /> awnership of the Prope�ty becames �ested in a person other than Grantor, Lender, w�thvu# natice tv Grantar, may
<br /> deal with �rantor's su�cessors with re�erence to this Assignment and the Indebtedness by way o� forbearan�e or
<br /> extens+on without releasing Grantor from the obligations of this Assignment❑r liabifity under the Indeb�edness.
<br /> T�me is o#the Essence. Time is ❑f the ess�nce in the performance ot this Assignment.
<br /> Waiver ❑f Homestead Exemp#ivn. Grantor hereby releases and wai�es all rights and benefits af the homestead
<br /> exemptivn laws of the State o# Nebraska as ta al� indebtedness se�ured by this Assignment.
<br /> IJVaiver af Right of Redemption. N�TWITHSTAND�NG ANY �]F THE PRQVISl�NS T� THE C4NTRARY
<br /> CONTAINED 1N TH15 ASSI�NMENT, GRANT4R HEREBY WAIVES ANY AND ALL �l�HTS �F RE�]EMPTION FR�M
<br /> SALE UNDER ANY ORDER ❑R JUD�MENT �F FORECL�SURE �N �RANT�]R'S BEHALF AND �N BEHALF �F
<br /> EACH AN❑ EVERY PERS�N, E?CCEPT JUaGMENT CREDlT�RS �F GRANTQR, ACQUlRING ANY INTEREST IN nR
<br /> TITLE T� THE PR�PERTY SU6SE�UENT TD THE DATE DF THIS A551GNMENT.
<br /> DEF1N[TI�NS. The �ollowing Gapitalized wards and terms shall ha�e the fallowing meanings when used in this
<br /> Assignment. Unless sp�cifically stated to the cantrary, all references to dollar amounts shall mean amaunts in lawful
<br /> maney �f the United States ❑f America. Words and terms used in the singular shall include the plurai, and the piural
<br /> shall include the singular, as the cont�xt may require. VVnrds and terms not otherwise de#ined in th�s Assignment shal!
<br /> ha�e th� meanings attributed tv such terms in the Llnifo�m �ommercial Cade:
<br /> Assignment. The word "Assignment" means this ASSIGNMENT UF RENTS, as �his A551GNMENT DF RENTS may
<br /> be amended or modified frvm time to time, t�gether with all exhibits and schedules attached to this AS5I�NMENT
<br /> �F ftENTS from time ta time.
<br /> Borrower. The word "Bflrrower" means GANADQ INC dlbla PRIMITIVE TDUCH AIVTIQUE WAREH�USE and
<br /> BfLLIE JEAN BERTA.
<br /> ❑efault. The word "Defauit" means the Default set farth in this Assignment in the se�ti�n titled "Defau�t".
<br /> Event of Default. The words "E�ent of Default" mean any af th� e�ents ❑f default set farth in this Assignment in
<br /> the default section of�his Assignment.
<br /> Grantor. The word "Grantor" means BILLIE JEAN BERTA.
<br /> Guaranty. The word "Guaranty" means the guaranty fr�m guarantor, endvrser, surety, or accommodation party�o
<br /> Lender, including withou� limitation a guaranty ❑f all or part of the Nate.
<br /> Indebtedness. The ward "Indebtedness" means all principal, �nterest, and other amounts, �osts and expenses
<br /> payable under the Note ar Related Dacuments, together with all renewa�s of, extensivns of, madificativns a�,
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