|
00000000000000090
<br />ASSIGNMENT OF RENTS
<br />Loan No: 4360736681 (Continued) 200214136 Page
<br />arbitrator or other party to an arbitration proceeding may disclose the existence, content or results thereof, except for disclosures of
<br />information by -e party required in the ordinary course of Its business or by applicable law or regulation. If 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 it 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 Burrower 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 />No Waiver by Lender. Lender 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 on the part of Lender In exercising any right shall operate as a waiver of such
<br />right or any other right. A waiver 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 Lander,
<br />r 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 telefaceimile (unless otherwise required by laws, when deposited with a nationally recognized
<br />overnight courier, Or, if mailed, when deposited in the United States mail, as first class, certified 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 low, if 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 Lander 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 Lender.
<br />Serearabillty. It 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 riot 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 low, the illegality,
<br />invalidity, or unenfurceabildy 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. 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 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 />DEFINITIONS. The fallowing capitalized words and terms shell 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 net otherwise defined In this Assignment shell have the meanings attributed to such terms in the Uniform Commercial Code:
<br />
|