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200804907 ASSIGNMENT OF RENTS (Continued) 1>8ge 3 Caption 1M8cIlngs. Caption headlnga In thia Aaaignment ara for convenience purpoaea only and are not to be uaed to Intarprat or dafine the provilIlo"" of thla A.ilignment. Governing l.8w. ThIs Aaalgnment wi! be governed by f8clera1 law epplIceble 10 Lender end, 10 the extent not -"'..... the ...... of the S- of Ne_ without ....,.t to ita confllcb of _ provIaJona. Thla Aaalgnment .... -. accepted by Lolnder in the State of Nebraake. ChoIce of Y_. If there I. e I.wsult, Grentor .g.... upon Lender'. requeat to .Ubmlt to the Jurledlctlon of the courts of H.II County. St.te of Nebtaaka. __. There .hall be no merger of the Intarest or _ created bV thl. aaalgnment ..Ith any other intarest or estate In the Property at any time held by or tor the benafit of Lender In any capacity. wlll10ut the written consant ot Lander. Interpretatlon. (11 In ell caaea where tllere Ie more 1hen one Ilorrower or Grantor. then .11 words used In tIlia Aaaignment In tile 8Inguler eholll be deemed to heve been UlIed In the plural where the contallt end coostruction 80 require. (2) It more than One person 8Igns thIe Aeslgnment as 'Grantor.' the obligations of each Grantor ere joint and saveral. ThIs means that It Lender brings a lawsuit. Lender may sue any one or more ot the Grantol'll. If IIotrower .nd Gr.ntor are not the aame person. Lender need not aue Borro..er first, and that Borrower need not be joined In .ny lawsuit. 131 The namea given to paragraphs or aacdons In this Aaaignment ara for convenience purpoaa8 onlV. TheV .re not to be uaed to interpret or dafine the provisions of thla Aaalgnment. No WaIver by l.8nder. Lolnder shell not be deemed to have ..slved anv rights under thl. Aaalgnment unlaas such waiver is given in writing end .Igned by Lender. No deleV or omleslon on tha pert ot Lender in exercising any right shell operate as a waiver of such right or any other right. A waiver by Lender ot a provlalon of this Aasignment ahall not prejudice or constltuta a waiver of Lender's right otherwlae to demend atrIct compllence with _ provlsion or any othar provision of tills Asaignment. No prior welver by Lender. nor any COUI'BG of dealing between Lender and Grantor. .hall consti'lunl a waiver of anv of Lander'. rights or of any of Grentor's obligations as to any future transactions. Whenever the consent of lender Is raquil'8d under tills Assignment. the granting of such conaent by Lender in any inatance .hall not constitute continuing consent to .ubsequent Inata"""" where .uch consent is requil'8d and In all c._ such consent may be granted or withheld in the sole discretion of Lender. Notlcea. AnV notice required to be given under this Aesignment shall be given In writing. and .hall be effective when actuallv delivered. when actuallv reoalved by teletecslmlle (unlaaa otherwlae required by lawl. ..hen deposited with a nsticnally nlcognl.ed overnight courier. or. If mailed. when deposited In the United States mall. as firat clesa. certlflad or reg_red mall postage prepaid. directed to the addreaaes sllown neer tha beginning of till. Aaalgnment. Any party may change ita eddraaa for notices under this Aaalgnment by giving formal written notice to the other parties. spaclfylng that the purpose of the notice Is to change the party's .ddreaa. For notice purpoaea, Grantor agrees to kaep Lender Informed at all times of Grantor'. current eddreaa. UoIeaa otherwise provlded or required by law. if there Is more than ona Grantor. any notice given by Lander to any Grantor i. daamed to be notica glvan to all Grlltltora. Po..era of Attome'(. Tha various agencies snd powera of attorney conveyed on Lender under thla Assignment ara granted for purposes of security and may not be revoked by Grantor until auch time &lithe same are renounced bV Lander. Saverabllty. If a oourt of oompetent jurisdiction finds any provi.lon of thla Aaaignment to be Illegal. Inv.lld. or unenforcesble 88 to any circumstance. that finding shall not make the ottendlng provision Illegal. invalid. or unenforoaabla as to any other circumstance. If feasible, the offending provision .hall be considel'8d modified so that it becomes lagal, valid and enforceable. If the offending provision cannot be so modified. It shall be con.idered delated from thlaAmgnment. Unless o1herwlaa requlr..d by I..... the illegality. Invelldlty. or unenforceabllity of any provision ot this Aesignment shall not affect the legality. validity or enforcaablllty of any other provi.lon of this Aaaignment. Succeaon and Aaaign., Subject to any limitations stated in till. Aaalgnment on transfer of Grantor'. Interest. this Aesignment .hall be binding upon .nd inure to the benefit of the p.rties, their succ88llOra and aaalgns. If ownership of the Property becomes vasted In a pel'llon othar than Grantor. Lender. without notice to Grantor. mev deal with Grantor's SUCC88l101'Il with refarance to thla Aselgnment snd the Indebladnesa by wav of forbearanca or extension without relea.lng Grantor from the obligations of this Aaalgnment or liability under the Indebtedness. TIme Ia of the Eaence. TIme Ia of the eaaence In the performance of this Aaalgnment. Waiver of ~ Exemption. Grantor hereby relaaaea and waives aU rights and beneflta of the homestead exemption law. of the State of Nebraska as to elllndebmdneaa secured by this Aeslgnment. Waiver of RIght of fledernptlon. NOlWlTHSTANDING ANY OF THE PROVISIONS TO TI-lE CONTRARY CONTAINED IN THIS ASSIGNMENT. GRANTOR HEREBY WAIVES ANY AND ALL RIGHTS OF REDEMPTION FROM SALE UNDER ANY ORDER OR JUDGMENT OF FORECLOSURE ON GRANTOR'S BEHALF AND ON BEHALF OF EACH AND EVERY PERSON. EXCEPT JUDGMENT CREDITORS OF GRANTOR. ACQUIRING ANY INTEREST IN OR TITLE TO THE PROPERTY SUBSEQUENT TO THE DATE OF THIS ASSIGNMENT. DEFINITIONS. The following capiteli>ed worda and terms eholll have the following meenlngs when used In this AtlSlgnment. Unlesa .peciflcally atatad to the contrary. all reference. to dollar amountll shall mean amou_ In lawful money of the United Stetea of America.PWord. .nd term. used in the .ingular """II Include the plural. and the plural shall Include the singular, as the context mav requira. Word. and terms not otherwlse defined In thla Aaalgnment shall have th.. meanings attributed to such terma In the Uniform Commercial Cods: Aaalgnmerrt. The word 'Aaaignmant' maan. thl. ASSIGNMENT OF RENTS, 88 tIli. ASSIGNMENT OF RENTS mav be amended or modiflnd from time to time, together with all exhibits and schedulaa attached to this ASSIGNMENT OF RENTS from time to time. Borrower. The word "Borrower' means Sllverbrook. LLC. Default. The word 'Default' means the Default aat forth In tills Aaalgnment In the section titled "Default' . Event of Detm*. The words 'Event of Defsult' meen anv of the aveJ1\9 of default set forth In this A99ignment In the default section of this Aasignment. Grantor. The word "Grantor' meanS Silverbrook, LLC. Guarantor. The word 'Guarantor' means anv guarantor. surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word 'Guaranty' l'n8an& the guaranty from Guarantor to Landar, Including without limitation a guaranty of all or part of tile Nota. lndebt8dneaa. The word 'Indebmdneaa" means all principal. intereat. end other amou_. coatll and expense. payable undar the Note or R..lated DocumsJ1\9. together with ell renew.ls of. extensions of. modifications of. consolidations of and .ubetitutiona for the Nota or Related Documents and any amounts expended or advanced by Lender to diacherg.. Grantor's obligations or expenaea Incurred by Lender to enforce Grantor'. obligations under this Aaalgnment, together with Intarest on such amounts as provided in this Assignment. Lenclar. The word "Lender" means Platte Vallay SUlte Bank & Trust Company. ita successors and assigns. NCIt8. The word 'Note' meens the promlaaory note dated June 3. 200B. In the original principal amount of $990,000.00 from Grantor to Lender. together with all renewals of. extensions of. modifications of. refinanclnge of, consolidations of. and aubatitutiona for the promlsaory note Or agraement. Property. The word 'Property' mea08 all of Grantor'. right, title and Intereat in and to all the Property 88 described In the "Aaalgnment" aection of thla Aesignment. R~ Oocumant$. The worda 'Related Documents' mean .11 promlaaory notea. cradlt agraemame, loan agraements, environmental agre..ments. guaranties. 89Curity agreeme_. mortgagee, deeds of truat, aacurity daeda, collateral mortgages. and all other inatrurnenlS. agreements .nd documents, wh_r now or hereefter axleting, executed In connection with the Indabmdnesa. Renta. The word "ReJ1\9' mean. all of Grantor's presant and future rights. title and Interest In, 10 and under anV end all present and future le8888. Including, withcut limitation, all rents. revenue. Income, laauea, royaltlos. bon~. accounts l'BC8ivable. cash or security