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<br />I . <br />" <br /> <br />Loan No: 809390 <br /> <br />ASSIGNMENT OF RENTS <br />(Continued) <br /> <br />200700573 <br /> <br />Page 3 <br /> <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 /> <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 /> <br />Governing Law. This Assignment will be governed by federal law applicable to Lender and, to the extent not preempted by federal <br />law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This Assignment has been accepted by <br />Lender in the State of Nebraska. <br /> <br />Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Hall County, <br />State of Nebraska. <br /> <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 /> <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 anyone 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. (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 /> <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 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 /> <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, 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 law, 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 /> <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 Lender. <br /> <br />Severability. 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 unenforceability of any provision of this Assignment shall not affect the legality, validity or enforceability of any other <br />provision of this Assignment. <br /> <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 /> <br />Time is of the Essence. Time is of the essence in the performance of this Assignment. <br /> <br />Waive Jury. All parties to this Assignment hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought <br />by any party against any other party. <br /> <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 /> <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 /> <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, 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 not otherwise defined in this Assignment shall have the meanings attributed to such terms in the Uniform Commercial Code: <br /> <br />Assignment. The word "Assignment" means this ASSIGNMENT OF RENTS, as this ASSIGNMENT OF RENTS may be amended or <br />modified from time to time, together with all exhibits and schedules attached to this ASSIGNMENT OF RENTS from time to time. <br /> <br />Borrower. The word "Borrower" means Platte Valley Properties of G. I., a Partnership. <br /> <br />Default. The word "Default" means the Default set forth in this Assignment in the section titled "Default". <br /> <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 /> <br />Grantor. The word "Grantor" means Platte Valley Properties of G. I., a Partnership. <br /> <br />Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness. <br /> <br />Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of <br />the Note. <br /> <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 edvanced 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 /> <br />Lender. The word "Lender" means Equitable Bank, its successors and assigns. <br /> <br />Note. The word "Note" means the promissory note dated January 23, 2007, in the original principal amount of <br />$428,000.00 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 /> <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 /> <br />..... <br />