Laserfiche WebLink
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 />