ASSIGNMENT OF RENT
<br />Loan No: 9002 (continued) 200204933 Pao4
<br />Lander may sue any one or more of the Grantors. U Borrower and Grantor we not out same person. Lender need not sue Borrower
<br />first, and Mat Borrower need not be joined in any )swain. (3) The names given to paragraphs or ssetions in this Assignment ma for
<br />con van fence purposes only. They are not to be used to interpret or define the provisions of this Assignment.
<br />No Waiver by Lender. Lender shall not be deemed ro have waived any rights under this Assignment unless such waiver is given In
<br />writing and signed by Lender. No delay or omission on die part of Lender In exercising any right shall operate as a waiver of such
<br />right or any other right. A waiy a by Lender of a provision of this Assignment shall not prejudice or constitute a waiver of Lender's
<br />right otherwise to demand strict compliance with that provision or any other provision of this Assignment. No prior Waiver by Lender.
<br />nor any cosine of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's
<br />obligations as to any future transactions. Whenever ale consent of Lender is requited under this Assignment, the granting of such
<br />consent by Lender in any instance shall not constitute continuing consent to subsequent statements where such consort is resulted and
<br />in all cases such consent may be granted or withheld no the sole discretion of Lender.
<br />Notice@. Any notice required to be given under this Assignment shall be given in writing, and shall be affective when actually
<br />delivered, when actually received by telefacaimile (unless otherwise required by law), when deposited with on nationally recognized
<br />overnight courier, or, if maged, when denositad in the United States mad, as Pest class, cenifiad or registered mail postage prepaid,
<br />directed to the addresses shown ban, the beginning of this Assignment. Any party may Mange its address for notices under this
<br />Assignment by giving formal written notice to the other patties, specifying that the purpose of the notice is to change the party',
<br />address. For notice purposes, Grentor 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 Nan one Grantor, any notice given by Lender to any Grantor is deemed to be notice given
<br />to all Grantors.
<br />Powers of Attorney. The various agencies and powers of attorney conveyed on Lander under thh Assignment are granted for
<br />purposar of security and may not be revoked by Grantor until such time as the same are renounced by Lender.
<br />Severabdhy. If a .curt of competent jurisdiction finds any provision of this Assignment to be illegal, Invalid, or unenforceable a, to
<br />any circumstance, that finding shall not make the offending provision dlegal, invalid, or unenforceable re to any other circumstance. If
<br />feasible, the offending provision shall be considered modified as Nat it becomes legal, valid and enforceable. If the offending
<br />provision cannot be so modified, it shall be considered deleted from this Assignment. Unlas otherwise required by law, the Illegality,
<br />invalidity, or m enforceability of any prevision of this Assignment shall not affect the legality, validity or anforcaeblity of any other
<br />pr.,asto of this Assignment.
<br />Succasor. and Assigns. Subject to any limitations stated in this Assignment on transfer of Grantor's interest, this Assignment shall
<br />be oo&irl upon and inure to the benefit of the parties, their successors and assigns. If ownership of the property becomes veated 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 Indebredness by way of forbearance or extension without re aasing Grantor from the obligations of this Assignment or liability
<br />under the Indebtedness.
<br />Time is of the Essence. Time In of the essence in the performance of thin Assignment.
<br />Waive Jury. All parties to this Assignment hereby waive the right m my jury trial in any action, proceeding, or countercWm brought
<br />by any parry against any other party.
<br />WAIVER OF HOMESTEAD EXEMPTION. Grantor hereby releases and waives all rights and benetR, 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 BEHA' F AND ON BEHALF OF EACH AND EVERY PERSON, EXCEPT JUDGMENT CREDITORS OF
<br />GRANTOR. ACQUIRING ANY INTEREST IN L'I TITLE TO THE PROPERTY SUBSEQUENT TO THE DATE OF THIS ASSIGNMENT.
<br />DEFINITIONS. The following capitalized words and [arms shall have the following meanings when used in this Assignment, Unless
<br />spe_ifically stated to the contrary, all references to coital amounts shall mean imports 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 trams in the Uniform Commercial Code:
<br />Assignment. The word "Assignment- means Nis Assignment of Rents, as this Assignment of Rants 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 time.
<br />Bmrower. The word "Borrower" means 4503 L.L.C..
<br />Default. The word "Default" means the Default sat 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 sat forth in this Assignment in the default section
<br />of this Assignment.
<br />Grantor. The word "Grantor" means 4503 L.L.G.
<br />Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness.
<br />Guaranty. The word "Guaranty' means the guaranty, from Guarantor to Lander, including without limitation a guaranty of all or part of
<br />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 oL extensions of, modifications of, comalidations of and substitutions for the Note
<br />or Related Documents and any amounts expanded or advanced by Lender to discharge Grantor's obligations or expenses Incurred by
<br />Lander in nnfarr, Grantor's obligations under this Assignment, together with Interest on such amounts as provided in thin
<br />Assignment.
<br />Lender. The word "Londe" means Commerce Bank, N.A., its successors and assigns.
<br />
|