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201801294
<br />Loan No: 101311375
<br />ASSIGNMENT OF RENTS
<br />(Continued) Page 5
<br />Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any
<br />future transactions. Whenever the consent of Lender is required under this Assignment, the granting of such
<br />consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such
<br />consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br />Notices. Any notice required to be given under this Assignment shall be given in writing, and shall be effective
<br />when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when
<br />deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as
<br />first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this
<br />Assignment. Any party may change its address for notices under this Assignment by giving formal written notice
<br />to the other parties, specifying that the purpose of the notice is to change the party's address. For notice
<br />purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise
<br />provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is
<br />deemed to be notice given to all Grantors.
<br />Powers of Attorney. The various agencies and powers of attorney conveyed on Lender under this Assignment are
<br />granted for purposes of security and may not be revoked by Grantor until such time as the same are renounced by
<br />Lender.
<br />Severability. If a court of competent jurisdiction finds any provision of this Assignment to be illegal, invalid, or
<br />unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or
<br />unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so
<br />that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be
<br />considered deleted from this Assignment. Unless otherwise required by law, the illegality, invalidity, or
<br />unenforceability of any provision of this Assignment shall not affect the legality, validity or enforceability of any
<br />other provision of this Assignment.
<br />Successors and Assigns. Subject to any limitations stated in this Assignment on transfer of Grantor's interest, this
<br />Assignment shall be binding upon and inure to the benefit of the parties, their successors and assigns. If
<br />ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may
<br />deal with Grantor's successors with reference to this Assignment and the Indebtedness by way of forbearance or
<br />extension without releasing Grantor from the obligations of this Assignment or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this Assignment.
<br />Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead
<br />exemption laws of the State of Nebraska as to all Indebtedness secured by this Assignment.
<br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this
<br />Assignment. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful
<br />money of the United States of America. Words and terms used in the singular shall include the plural, and the plural
<br />shall include the singular, as the context may require. Words and terms not otherwise defined in this Assignment shall
<br />have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Assignment. The word "Assignment" means this ASSIGNMENT OF RENTS, as this ASSIGNMENT OF RENTS may
<br />be amended or modified from time to time, together with all exhibits and schedules attached to this ASSIGNMENT
<br />OF RENTS from time to time.
<br />Borrower. The word "Borrower" means LAUREN A STAROSTKA.
<br />Default. The word "Default" means the Default set forth in this Assignment in the section titled "Default ".
<br />Event of Default. The words "Event of Default" mean any of the events of default set forth in this Assignment in
<br />the default section of this Assignment.
<br />Grantor. The word "Grantor" means LAUREN A STAROSTKA.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to
<br />Lender, including without limitation a guaranty of all or part of the Note.
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses
<br />payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of,
<br />consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by
<br />Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under
<br />this Assignment, together with interest on such amounts as provided in this Assignment. Specifically, without
<br />limitation, Indebtedness includes the future advances set forth in the Future Advances provision, together with all
<br />interest thereon and all amounts that may be indirectly secured by the Cross - Collateralization provision of this
<br />Assignment.
<br />Lender. The word "Lender" means Five Points Bank, its successors and assigns.
<br />Note. The word "Note" means the promissory note dated March 2, 2018, in the original principal amount
<br />of $85,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of,
<br />refinancings of, consolidations of, and substitutions for the promissory note or agreement.
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