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201808018
<br />ASSIGNMENT OF RENTS
<br />(Continued) Page 4
<br />Time is of the Essence. Time is of the essence in the performance of this Assignment.
<br />Waive Jury. All parties to this Assignment hereby waive the right to any jury trial in any action, proceeding, or
<br />counterclaim brought by any party against any other party.
<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 />Waiver of Right of Redemption. NOTWITHSTANDING ANY OF THE PROVISIONS TO THE CONTRARY
<br />CONTAINED IN THIS ASSIGNMENT, GRANTOR HEREBY WAIVES ANY AND ALL RIGHTS OF REDEMPTION FROM
<br />SALE UNDER ANY ORDER OR JUDGMENT OF FORECLOSURE ON GRANTOR'S BEHALF AND ON BEHALF OF
<br />EACH AND EVERY PERSON, EXCEPT JUDGMENT CREDITORS OF GRANTOR, ACQUIRING ANY INTEREST IN OR
<br />TITLE TO THE PROPERTY SUBSEQUENT TO THE DATE OF 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 MCCLOUD SUPER 8 MOTEL, INC..
<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 MCCLOUD SUPER 8 MOTEL, INC..
<br />Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the
<br />Indebtedness.
<br />Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a
<br />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 PINNACLE BANK, its successors and assigns.
<br />Note. The word "Note" means the promissory note dated December 13, 2018, in the original principal
<br />amount of $1,425,000.00 from Grantor to Lender, together with all renewals of, extensions of,
<br />modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement.
<br />Property. The word "Property" means all of Grantor's right, title and interest in and to all the Property as
<br />described in the "Assignment" section of this Assignment.
<br />Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan
<br />agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security
<br />deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter
<br />existing, executed in connection with the Indebtedness.
<br />Rents. The word "Rents" means all of Grantor's present and future rights, title and interest in, to and under any
<br />and all present and future leases, including, without limitation, all rents, revenue, income, issues, royalties,
<br />bonuses, accounts receivable, cash or security deposits, advance rentals, profits and proceeds from the Property,
<br />and other payments and benefits derived or to be derived from such leases of every kind and nature, whether due
<br />now or later, including without limitation Grantor's right to enforce such leases and to receive and collect payment
<br />and proceeds thereunder.
<br />THE UNDERSIGNED ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS ASSIGNMENT, AND NOT
<br />PERSONALLY BUT AS AN AUTHORIZED SIGNER, HAS CAUSED THIS ASSIGNMENT TO BE SIGNED AND EXECUTED
<br />ON BEHALF OF GRANTOR ON DECEMBER 13, 2018.
<br />GRANTOR:
<br />M L LASUPER 8 MOTEL, INC.
<br />By%
<br />�LJ'�
<br />GERALD G. MCCLOUD, President of MCCLOUD SUPER 8 MOTEL,
<br />INC.
<br />CATHER N L. LO Secretary/Treasurer of MCCLOUD SUPER 8
<br />MOTEL, INC.
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