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2� 17�27�3
<br /> ASSI�NlVIENT t3F RENTS
<br /> L�an Nv: '1�'I 3�4'I'l 2 �C�rltlnued} Page 5
<br /> purpvses, Grantar agrees ta keep Lender informed at all times of Grantor's current address. Unless ❑therwise
<br /> prv��de� or required by law, if there is more than one Grantar, any nvtice gi�en by Lender ta any Grantar is
<br /> deemed to be notice gi��n tv all Grantors.
<br /> Powers �f Attvrney. The �arivus agencies and powers af attarney cvn�eyed ❑n Lender under this AssEgnment are
<br /> granted fv� purposes Qf security and may not be re�aked by Grantor until such time as th� same are renvunced by
<br /> Lender.
<br /> Se�erability. If a caurt of campetent jurisdiction finds any pro�ision of this Assignment t❑ �e illegal, in�alid, or
<br /> unenforceable as �❑ any persan or circumstance, that �inding shall nat make the offending pro�isivn illegal, in�alid,
<br /> ❑r unenfarceable as to any other person ar �ircumstance. If feasibl�, the offending prv�ision shal� F�e �onsidered
<br /> modified sv that it becames legal, �alid and enfvrceabfe. 1f the vffending pro�ision cann�t be s� madified, it shall
<br /> be cans�dered de�eted from this Assignment. Unless otherwise required by law, the illegaiity, in�alidity, or
<br /> unenfvrceability af any pro�isivn of this Assignment shall not a�feGt �he legality, �alidity or enforceabi�ity vf any
<br /> other pro�ision af this Assignment.
<br /> SuG�essors and Assigns. Sub�e�t t� any limitations stated in this Assignment on transfer af Grantor's �nterest, this
<br /> Assignment shall b� binding upon and inure to the benefit ❑f the parties, their successors and ass�gns. If
<br /> ownership of the Prvperty becomes �ested in a persvn other than �rantar, Lender, without n�tice to Grantar, may
<br /> deal with Grantvr's suc�essors with reference ta this Assignment and the Indebtedness by way of forbearance ar
<br /> extension without releasing Grantv�fram the❑bligations of this Ass�gnment❑r liability under the Indebtedness.
<br /> Time is vf the Essence. Time is ❑f the essence in the p�rfarmance of this Assignment.
<br /> til1laiver of Homestead Ex�mpt�on. Grantor hereby releases and wai�es all rights and benefits of the hvmestead
<br /> ex�mption laws of the Stat� o� Nebraska as ta a�l �ndebtedness se�ur�d �y this Assignment.
<br /> ❑EFiNlT��NS. The fallawing capitalized wvrds and terms shal� ha�e the follawing meanings rrvh�n used in this
<br /> Assignment. UnEess specifically stated to the contrary, all references to dallar amounts shall mean amounts in lawful
<br /> maney of the Llnited States of America. Words �nd terms used �n the singular shall include the plural, and fihe p�ural
<br /> shall include the singular, as the context may require. Words and terms nvt atherwise defined tn this Assignment shall
<br /> ha�e the meanings attributed to such terms in the Uniform Commercia! Cvde:
<br /> ►4ssignment. The word "Assignment" means this A55IGNfNENT�F REN�S, as t�is �455I�fVMEN���RENTS may
<br /> be amended or modified from time to time, together with a!1 exhibits and s�hedu�es attached t❑ this ASSICNMENT
<br /> DF RENTS fram time ta time.
<br /> gorrawer. The wvrd "gorrvwer" means EDMIJND R KERSHAW I11 and MICHELLE K I�EF�SHAW.
<br /> Defauit. The word "Default" means the ❑efault set farth in this AssEgnment in the section tit�ed "D�fault".
<br /> E�ent of Default. Ths words "E�ent of D�fault" mean any of the e�ents af default set forth in this Assignment in
<br /> th� d�fault sectivn��this Assignment.
<br /> Grantor. The word "Grantor" means EDMUND R KERSHAVV III and MICHELLE K KERSHAVII,
<br /> Guaranty. The wo�d "Guaranty" means th� guaranty from guarantar, endvrser, surety, ❑r acc�mmadativn party to
<br /> Lender, in�luding without limitation a guaran�y��all ❑r part of the Note.
<br /> Indebtednsss. The wnrd "Indebtedness" m�ans all principal, interest, and ather amaunts, costs and expenses
<br /> payable under the Nate ❑r �e�ated Do�uments, tvgether with ali renewals of, extensions of, m�dificativns of,
<br /> consolidativns of ana! substitutions fvr the Note or Related ❑vcuments and any amvun�s expended or ad�an�ed by
<br /> Lender ta discharge G�antar's abligativns or expenses in�urred by Lender t� enforce �rantor's ❑bligations under
<br /> this Assignment, tog�th�r with interest �n such amnunts as pro�ided in this Assignment. �pe�ifica�iy, withou�
<br /> �imita�ivn, indebtedness includes the future ad�an�es s�t forth in the Future Ad�ances provision, tagether with alE
<br /> interest thereon and a�l amounts that may be indirectfy secured by the Crvss-Callateralizatian pra�isian c�f this
<br /> AssEgnment.
<br /> Lender. The word "Lender" means Fi�e Points Sank, its suc�ess�rs and assigns.
<br /> Nate. The word "Nate" means the promissory nate dated Apri� 2�, 2��7, in the a�igtnal principal amount
<br /> Df $�4,2�4.8� �ram �rantor to Lender, tvgether with alE renewals ❑f, extensions af, modi��catians ❑f,
<br /> refinancings vf, consalidatians of, and substitutians �or the prvmissory note or agreement.
<br /> Property. The word "Praperty" means ali of Grantor's �ight, title and interest Fn and ta all the Property as
<br /> described in the "Assignment" se�tion of this Assignment.
<br /> Related Documents. The wvrds "Re�ated Documents" mean all promissflry nvtes, credit agreements, loan
<br /> agreements, en�ironmental agreements, guaranties, security agreements, mortgages, deeds of trust, security
<br /> deeds, collateral mortgages, and all ❑ther instruments, agreements and docum�nts, whether naw or hereafter
<br /> existing, executed in ��nnection with the Indebtedness.
<br /> Rents. The word "Rents" means a!1 of Grantor's present and future rights, title and interest in, ta and under any
<br /> and a!1 present and future leases, including, withou# limitation, a!f rents, re�enue, incame, issues, royalt+es,
<br /> honus�s, accaunts recei�abfe, cash ar security depvsits, ad�ance rentals, profits and proceeds from the Property,
<br /> and ❑ther payments and benefits deri�ed or tv be deri�ed from such leases �f e�e�y kind and nature, whether due
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