Laserfiche WebLink
Loan No: 11586 ASSIGNMENT O�F,RENTS 200411814 <br />page 3 <br />State of Nebraska. This Assignment has been accepted by Lender in the State of Nebraska. <br />Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of ADAMS <br />County, State of Nebraska. <br />Interpretation. (1) In all cases where there is more than one Borrower or Grantor, then all words used in this Assignment in the <br />singular shall be deemed to have been used in the plural where the context and construction so require. (2) If more than one person <br />signs this Assignment as "Grantor," the obligations of each Grantor are joint and several. This means that if Lender brings a lawsuit, <br />Lender may sue any one or more of the Grantors. If Borrower and Grantor are not the same person, Lender need not sue Borrower <br />first, and that Borrower need not be joined in any lawsuit. (3) The names given to paragraphs or sections in this Assignment are for <br />convenience purposes only. They are not to be used to interpret or define the provisions of this Assignment. <br />WAIVER OF HOMESTEAD EXEMPTION. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of <br />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 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 GRAND ISLAND COUNTRYHOUSE LLC, MARTIN L HUG, JOLENE M HUG, RICHARD J <br />WESTIN, PAMELA J WESTIN, JESSE A PITTORE , BRENDA PITTORE, TROY E GLOCK and STACY J GLOCK. <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 GRAND ISLAND COUNTRYHOUSE LLC. <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 the future advances set forth in the Future Advances provision, <br />together with all 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 OF HASTINGS , its successors and assigns. <br />Note. The word "Note" means the promissory note dated November 15, 2004, in the original principal amount of <br />$1,485,003.00 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 />