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200301310
<br />00000000000000090
<br />ASSIGNMENT OF RENTS
<br />Loan No: 6120481383 (Continued) Page 6
<br />the offending provision Cannot be so modified, it shall be considered deleted from this Assignment. Unless otherwise required by law,
<br />the Illegality, invalidity, or unemforceablllty of any provision of this Assignment shall not affect the legalit, validity or enforceability of
<br />any other provision of this Assignment.
<br />Successors and Assigns. Subject to any limitations stated in this Assignment on transfer of Grantor's interest, this Assignment shall
<br />be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in
<br />a person other than Grantor. Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Assignment
<br />and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Assignment or liability
<br />under the ludebtecneas.
<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 exemption laws of
<br />the State of Nebraska as in all Indebtedness secured by 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, .II 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 modified
<br />from time to time, together with all exhibits and schedules attached to this Assignment of Rents from time to lime.
<br />Borrower. The word "Borrower" means Toby S. Mohler and Stephanie D. Mohler.
<br />Default. The word "Default' means the Default set forth in this Assignment in the section titled'Defoult".
<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 Toby S. Mohler and Stephanie D. Mohler.
<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 pert 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.
<br />Lender. The word "Lander' means Wells Fargo Rank Nebraska, National Association, its successors and assigns.
<br />Not.. The word "Nate" means the promissory note dated January 31, 2003, in the original principal amount of
<br />$195,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations
<br />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 />agreementsr 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, m 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 he 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 JANUARY 31, 2003.
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