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2� 17�2�99
<br /> ASSI�NMENT DF RENTS
<br /> Loan No: 'I�'13�4"I DQ ���rltirlu�d� Page 5
<br /> purpases, Granfiar agrees to keep Lender inform�d at alf times af Grantar's current address. lJn�ess atherwise
<br /> pro�ided ❑r required by law, if there is mare �han one Grantor, any natice gi�en by Lender t� any Grantar is
<br /> deemed to be notice gi�en to all Grantors.
<br /> Pvwers of Attvrney. The �ariaus agencies and pawers af attorney cvn�eyed vn Lender under this Assignment are
<br /> g�ant�d for purposes of security and may not be re�oked by Grantar unti[ such time as the same are renounced by
<br /> L�nder.
<br /> Se�erahiiity. If a �ourt of competent ;urisdiction finds any pro�isian ❑f this Assignment to be illegal, in�a�id, or
<br /> unenforceable as t❑ any person or circumstanc�, that finding shall not make the nffending pro�isi�n illegal, in�a�id,
<br /> or unenforceahle as to any ather person ❑r circumstance. I� feasible, the affending pro�isivn shall be considersd
<br /> madified s❑ that �t becomes legal, �alid and enforceable, if the affending pro�isian cannvt be s❑ modifi�d, it shall
<br /> be considered deleted fram this Assignment. lJnless otherwise required hy law, the iilegality, +n�alidity, or
<br /> unenforceahility of any pro�isian of this Assignment shall not affect the lega�ity, �a�tdity ar enforceability vf any
<br /> ather pro�isian a�this Assignment.
<br /> Successors and Assigns. Subje�t to any limitatians stated in this Assignment on �ransfer❑f Grantor's �nterest, this
<br /> Assignment shall b� binding upon and inure t❑ the b�nefit ❑f the parties, their successors and assigns. !f
<br /> ❑wnership af the Property be�omes �ested in a person ather than Grantor, Lender, withvut noti�e to Grantar, may
<br /> deai with Grantor's suc�essvrs with reference tn this Assignment and the Indebtedness by way af fvrbearance or
<br /> extension with�ut reieasing Grantor fram the obligations vf this Assignment or�iability under the Indebtedness.
<br /> Time is of the Essen�e. Time is of the essence in the performance of this Assignment.
<br /> Wai�er vf H�mestead Exemption. Grantor hereby re�eases and wai�es a!I rights and benefits of the homestead
<br /> exemptian �aws of the State of Ne�raska as to all Indebtedness secured by this Assfgnment.
<br /> DEFfN1TfDN5. The fo�lvwing capitalized words an�} terms sha�! ha�e the follawing meanings when used in this
<br /> Assignment. Unless spe�ifically stated to the contrary, all references to dvllar amounts shall mean amounts in lawful
<br /> mon�y of the United 5tates nf America. VVords and terms used in the s�ngular shall include the plural, and the plural
<br /> shall include the singular, as the context may require. 1Nords and terms nat❑therwise de�ined in this Assignment shall
<br /> ha�e the meanings attributed t❑ such terms in the Unifarm Commerciaf Code:
<br /> Assignment, The ward "Assignment" means this ASSIGNMENT QF RENTS, as this ASSIGNMENT DF RENTS may
<br /> be amended or modified #ram time tv time, together with aff exhibits and schedules attached to this ASSlGNMENT
<br /> nF RENTS frvm t�me to time.
<br /> Bvrrvwer. The ward "Barrowe�" means EDMUND R KERSHAVII III and MICHELLE K KERSHAW.
<br /> ❑efault. The word "Detault" means the De�aul�set for�h in this Assfgnment in the sectian tit�ed "aefault".
<br /> E�ent of ❑efault. The words "E�ent af Default" mean any ❑f the e�ents of default set forth in this Assignment in
<br /> the d�fauft section of this Assignment.
<br /> Grantor. The word "Grantar" means EDMIJND R KEF�SHAW Ill and MICHELLE K KERSHAW.
<br /> Guaranty. The word "Guaranty" means the guaranty frvm guarantvr, endarser, surety, ❑r accommvdation party t❑
<br /> Lender, including withaut limitatian a guaranty of al! or part of the Nate.
<br /> rndebtedness. The word "Indebtedness" means aI� principal, interest, and other amounts, costs and expenses
<br /> payable under the Nvte or R�lated Documents, tagether with a11 renewals af, extensions of, madificat�ons vf,
<br /> conso�idations ❑f and substitutions for the Nat� or Refated Dacument� and any amoun�s expended or ad�anced by
<br /> Lender t❑ discharge Grantor's obligations or �xpenses incurred by L�nder ta enforce Grantflr's �bl�gations under
<br /> this Assignment, tagether with interest ❑n such amaunts as pro�ided in this Assignment. Specifically, without
<br /> limitation, Indebtedness includes the future ad�ances set �orth in the Futurs Ad�anc�s prv�ision, together with ail
<br /> interest thereon and ail amounts �hat may be indirectly secured by the Cross-Collaterali�ati�n pro�isivn vt this
<br /> Assignment.
<br /> Lender. The word "Lender" means Fi�e Pvints gank, its successors and assigns.
<br /> Note. The w�rd "Note" means the pr�missvey note dated Apri� 26, 20�7, in the original principal amaunt
<br /> of $44,9�8.�� from G�antor to Lender, tagether with a�� renewals af, extensivns n�, mad�fi�ations of,
<br /> refinancings ❑f, consolidations of, and substitutions for the promissory n�te or agreement.
<br /> Prvperty. The wa�d "Property" means all of Grantor's right, title and interest in and to all �he Pr�perty as
<br /> described in the "Assignment" sectian of this Assignment.
<br /> Re�a#ed Documents. Th� wards "ReEated Documents" mean all promissory notes, credit agre�ments, Ivan
<br /> agreements, en�iranmental agreements, guaranties, security agreements, mortgages, deeds af trust, secur�ty
<br /> d�eds, ca�lateral mvrtgages, and al! v�her instruments, agreements and d�cuments, whether naw or hereafter
<br /> existing, executed in connection with the Indeb�edness.
<br /> Rents. The wnrd "Rents" means all of Grantor's present and future rights, title and interest in, ta and under any
<br /> and all present and #uture leases, including, without limitativn, a�l rents, re�enue, in�om�, issues, rayalties,
<br /> banuses, accoun�s recei�able, cash or security deposits, ad�ance rentals, prof�ts and prviceeds fram the P�aperty,
<br /> and other payments and ben�f�ts deri�ed ar to be deri�ed from such leases af e�ery kind and nature, wh�ther due
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