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111111111111111111 ill III I Ill 111111111111 1 200900278 <br />ASSIGNMENT OF RENTS <br />(Continued) <br />Page 7 <br />WAIVER OF RIGHT OF REDEMPTION. NOTWITHSTANDING ANY OF THE PROVISIONS TO THE CONTRARY CONTAINED IN THIS <br />ASSIGNMENT, GRANTOR HEREBY WAIVES ANY AND ALL RIGHTS OF REDEMPTION FROM SALE UNDER ANY ORDER OR JUDGMENT <br />OF FORECLOSURE ON GRANTOR'S BEHALF AND ON BEHALF OF EACH AND EVERY PERSON, EXCEPT JUDGMENT CREDITORS OF <br />GRANTOR, ACQUIRING ANY INTEREST IN OR 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 Assignment. Unless <br />specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. <br />Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words <br />and terms not otherwise defined in this Assignment shall 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 be amended or <br />modified from time to time, together with all exhibits and schedules attached to this ASSIGNMENT OF RENTS from time to time. <br />Borrower. The word "Borrower" means Donald D. Mehring. <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 the default section <br />of this Assignment. <br />Grantor. The word "Grantor" means Donald D. Mehring, Nancy A. Erwin Trust and Marilyn J. Mehring. <br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including <br />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 payable under the Note <br />or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note <br />or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by <br />Lender to enforce Grantor's obligations under this Assignment, together with interest on such amounts as provided in this <br />Assignment. Specifically, without limitation, Indebtedness includes all amounts that may be indirectly secured by the <br />Cross - Collateralization provision of this Assignment. <br />Lender. The word "Lender" means Wells Fargo Bank, National Association, its successors and assigns. <br />Note. The word "Note" means the promissory note dated December 31, 2003, in the original principal amount of <br />$280,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, <br />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 described in the <br />"Assignment" section of this Assignment. <br />Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental <br />agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other <br />instruments, agreements and documents, whether now or hereafter 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 and all present and <br />future leases, including, without limitation, all rents, revenue, income, issues, royalties, bonuses, accounts receivable, cash or security <br />deposits, advance rentals, profits and proceeds from the Property, and other payments and benefits derived or to be derived from such <br />leases of every kind and nature, whether due now or later, including without limitation Grantor's right to enforce such leases and to <br />receive and collect payment and proceeds thereunder. <br />THE UNDERSIGNED ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS ASSIGNMENT. THIS DOCUMENT IS EXECUTED <br />ON DECEMBER 31, 2003. <br />