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<br />Loan No: 9010558
<br />
<br />ASSIGNMENT OF RENTS
<br />(Continued)
<br />
<br />200805914
<br />
<br />Page 3
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<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 Lancaster
<br />County, State of Nebraska.
<br />
<br />Joint and Several Liability. All obligations of Grantor under this Assignment shall be joint and several, and all references to Grantor
<br />shall mean each and every Grantor. This means that each Grantor signing below is responsible for all obligations in this Assignment.
<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. Grantor understands Lender will not give up any of Lender's rights under this Assignment unless Lender does
<br />so in writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender
<br />does agree in writing to give up one of Lender's rights, that does not mean Grantor will not have to comply with the other provisions
<br />of this Assignment. Grantor also understands that if Lender does consent to a request, that does not mean that Grantor will not have
<br />to get Lender's consent again if the situation happens again. Grantor further understands that just because Lender consents to one or
<br />more of Grantor's requests, that does not mean Lender will be required to consent to any of Grantor's future requests. Grantor
<br />waives presentment, demand for payment, protest, and notice of dishonor.
<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 person may change his or her address for notices under
<br />this Assignment by giving formal written notice to the other person or persons, specifying that the purpose of the notice is to change
<br />the person's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless
<br />otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be
<br />notice given to all Grantors. It will be Grantor's responsibility to tell the others of the notice from Lender.
<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 finds that any provision of this Assignment is not valid or should not be enforced, that fact by itself will not
<br />mean that the rest of this Assignment will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this
<br />Assignment even if a provision of this Assignment may be found to be invalid or unenforceable.
<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 8gainst any other party.
<br />
<br />Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the
<br />State of Nebraska as to all Indebtedness secured by this Assignment.
<br />
<br />DEFINITIONS. The following words shall have the following meanings when used in this Assignment:
<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 Timothy P. Boehle and Jane A. Boehle.
<br />
<br />Event of De ult" mean any of the events of default set forth in this Assignment in the default section
<br />of this Assi
<br />
<br />
<br />P. Boehle and Jane A. Boehle.
<br />
<br />Grantor. Th
<br />
<br />Guaranty. guaranty from guarantor, endorser, surety, or accommodation party to Lender, including
<br />without limitation a guaranty of all or part of 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 advanced 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. Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision of
<br />this Assignment, together with all interest thereon.
<br />
<br />Lender. The word "Lender" means Community Bank of Lincoln, its successors and assigns. The words "successors or assigns"
<br />mean any person or company that acquires any interest in the Note.
<br />
<br />Note. The word "Note" means the promissory note dated July 7, 2008, in the original principal amount of $13.000.00
<br />from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and
<br />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 />Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
<br />agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other
<br />instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
<br />
<br />Rents. The word "Rents" means all of Grantor's present and future rights, title and interest in, to and under any and all present and
<br />future leases, including, without limitation, all rents, revenue, income, issues, royalties, bonuses, accounts receivable, cash or security
<br />deposits, advance rentals, profits and proceeds from the Property, and other payments and benefits derived or to be derived from such
<br />leases of every kind and nature, whether due now or later, including without limitation Grantor's right to enforce such leases and to
<br />receive and collect payment and proceeds thereunder.
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