Laserfiche WebLink
00000000000000090 <br />ASSIGNMENT OF RENTS <br />Loan No: 7004066316 (Continued) 200213774 page 5 <br />arbitrator or other party to an arbitration proceeding may disclose the existence, content or results thereof, except for disclosures of <br />information by'a parry required In the ordinary course of its business or by applicable law or regulation. It more than one agreement for <br />arbitration by or between the parties potentially applies to a Dispute, the arbitration provision most directly related to the documents <br />between the parties or the subject matter of the Dispute shall control. This arbitration provision shall survive termination, amendment or <br />expiration of any of the documents or any relationship between the parties. <br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Assignment: <br />Amendments. This Assignment, together with any Related Documents, constitutes the entire understanding and agreement of the <br />parties as to the matters set forth in this Assignment. No alteration of or amendment to this Assignment shall be effective unless <br />given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. <br />Caption Headings. Caption headings in this Assignment are for convenience purposes only and are not to be used to interpret or <br />define the provisions of this Assignment. <br />Governing Law. This Assignment will be governed by. construed and enforced In accordance with federal law and the laws of the <br />State of Nebraska. This Assignment has been accepted by Lender in the State of Nebraska. <br />Merger. There shall be no merger of the interest or estate created by this assignment with any other interest or estate In the Property <br />at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. <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. 131 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 />No Waiver by Lender. Lander shall not be deemed to have waived any rights under this Assignment unless such waiver is given in <br />writing and signed by Lender. No delay or omission n the part of Lender in exercising any right shall operate a r of such <br />right or any other right. A waiver by Lender ofa provision of this Assignment shall not prejudice or constitute a waiver ofLender'a <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 course 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 the consent of Lender is required under this Assignment, the granting of such <br />consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and <br />In all cases such consent may be granted or withheld in the sole discretion of Lender. <br />Notices. Any notice required to be given under this Assignment shall be given in writing, and shall be effective when actually <br />delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized <br />overnight courier, or, if mailed, when deposited In the United States mail, as first class, cenified or registered mail postage prepaid, <br />directed to the addresses shown near the beginning of this Assignment. Any party may change its address for notices under this <br />Assignment by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's <br />address. For notice purposes, Grantor agrees to keep Lender informed at all times Of Grantor's current address. Unless otherwise <br />provided or required by law, it there is more than 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 Lender under this Assignment are granted for <br />purposes of security and may not be revoked by Grantor until such time as the same are renounced by Lander. <br />Saverability. If a court of competent jurisdiction finds any provision of this Assignment to be Illegal, invalid, or unenforceable as to <br />any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If <br />feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending <br />provision cannot be so modified, it shall be considered deleted from this Assignment. Unless otherwise required by law, the illegality, <br />invalidity, or unenforreahlliry of any provision of this Assignment shall not affect the legality, validity or enforceability of any other <br />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. It ownership of the Property becomes vested in <br />a person other than Grantor, Lander, 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 Indebtedness. <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 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 />