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<br />200803335
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<br />Loan No: 132827-00100
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<br />ASSIGNMENT OF RENTS
<br />(Continued)
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<br />Page 5
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<br />No Waiver by Lender. Len er shall not be deemed to have waived any rights under this Assignment unless such waiver Is given in writing
<br />and signed by Lender. No delay or omission on the part of Lender in exerolsing any right shall operate as a waiver of suoh right or any other
<br />right. A waiver by Lender of 'a provision of this Assignment shall not prejudice or constitute a waiver of Lender's right otherwise to demand
<br />striot oompliance with that provision or any other provision of this Assignment. No prior waiver by Lender, nor any course of dealing
<br />between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future
<br />transaotlons. Whenever the oonsent of Lender is required under this Assignment, the granting of such consent by Lender in any instanoe
<br />shall not constitute continuing consent to subsequent Instances where such consent is required and in all oases such consent may be
<br />granted or withheld In the SOIf. discretion of Lender.
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<br />Notices. Any nolios required to be given under this Assignment shall be given in writing, and shall be effeotive when actually delivered,
<br />when actually received by telefaosimile (unless otherwise required by law), when deposlted with a nationally reoognized overnight courier, or,
<br />if mailed, when deposited in1the United States mail, as first class, certified or registered mall postage prepaid, directed to the addresses
<br />shown near the beginning of this Assignment. Any party may change its address for nollces under this Assignment by giving formal written
<br />notioe to the other parties, speoifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to
<br />keep Lender informed at all limes of Grantor's ourrent address. Unless otherwise provided or required by law, If there is more than one
<br />Grantor, any notice given by ~ender to any Grantor is deemed to be notice given to all Grantors. '
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<br />Powers of Attorney. The va~ious agencies and powers of attorney conveyed on Lender under this Assignment are granted for purposes of
<br />security and may not be reVOred by Grantor until such time as the same are renounoed by Lender.
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<br />Severability. If a court of competent jurisdiction finds any provision of this Assignment to be illegal, invalid, or unenforceable as to any
<br />clroumstance, that finding sh~1l not make the offending provision Illegal, Invalid, or unenforceable as to any other olrcumstance. If feasible,
<br />the offending provision shall be oonsldered modified so that it becomes legal, valid and enforceable. If the offending provision oannot be so
<br />modified, it shall be considen,Jd deleted from this Assignment. Unless otherwise required by law, the illegality, invalidity, or unenforceability of
<br />any provision of this Assignment shall not affeot the legality, validity or enforceability of any other provision Of this Assignment.
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<br />Successors and Assigns. kUbject to any limitations stated in this. Assignment on transfer of Grantor's Interest, this Assignment shall be
<br />binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property beoomes vested in a person
<br />other than Grantor, Lender, I without notice to Grantor, may deal with Grantor's sucoessors with referencE! to this Assignment and the
<br />Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Assignment or liability under the
<br />Indebtedness. I
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<br />Time is of the Essence. 11je is of the essence In the performance of this Assignment. .
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<br />Watver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State
<br />of Nebraska as to alllndebtectness secured by this AssIgnment.
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<br />Waiver of Right of Rede~Ptlon. 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 GR~NTOR'S BEHALF AND ON BEHALF OF EACH AND EVERY PERSON, EXCEPT JUDGMENT CREDITORS OF
<br />GRANTOR, ACQUIRING AN'f INTEREST IN OR TITLE TO THE PROPERTY SUBSEQUENT TO THE DATE OF THIS ASSIGNMENT.
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<br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Assignment. Unless specifioally
<br />stated to the contrary, all referencf3s to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms
<br />used in the singular shall include the plural, and the plural shall Include the singular, as the oontext may require. Words and terms not otherwise
<br />defined in this Assignment shall haVe the meanings attributed to such terms In the Uniform Commercial Code;
<br />J
<br />Assignment. The word "AsSignment" means this ASSIGNMENT OF RENTS, as this ASSIGNMENT OF RENTS may be amended or modified
<br />from time to time, together WI!h all exhibits and schedUles attached to this ASSIGNMENT OF RENTS from time to time.
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<br />Borrower. The word "Borroier" means Jayhawk Investments 101, L1o. .
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<br />Default. The word "Default" reans the Default set forth in this Assignment in the seotlon titled "Default".
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<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 of this
<br />Assignment. I '
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<br />Grantor. The word "Grantor"lmeans Jayhawk Investments 101, L1c.
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<br />Guarantor. The word "Guarantor" means any guarantor, surety, or aocommodation party of any or all of the Indebtedness.
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<br />Guaranty. The word "Guardnly" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the
<br />No~. I
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<br />Indebtedness. The word "Ilildebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or
<br />Related Documents, together/'Wlth all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related
<br />Documents and any amoun s expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to
<br />enforce Granlor's obligationsl under this Assignment, together with interest on such amounts as provided in this Assignment. Speolfioally,
<br />without limitation, Indebtedness includes the future advances set forth in the Future Advances provision, together with all interest thereon and
<br />all amounts that may be indir~ctly secured by the Cross-Collaterallzation provision of this Assignment.
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<br />Lease. The word "Lease" means the lease of the Properly between Landlord, as defined In Related Documents, and Grantor.
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<br />Lender. The word "Lender" ~eans CAPITAL CITY BANK,lts suocessors and assigns.
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<br />Nole. The word "Note" me~ns the promissory note dated April 15, 2008, in the original principal amount of $2,038,001.37
<br />from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and subslllullons for
<br />the promissory note or agree rent. ; .
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<br />Property. The word "Property" means all of Grantor's right, title and interest in and to all the Property as described in the "Assignment"
<br />seclion of this Assignment.
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