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<br />Loan No: 809804
<br />
<br />ASSIGNMENT OF RENTS
<br />( Continued)
<br />
<br />200901820
<br />
<br />Page 3
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<br />include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses,
<br />whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br />vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching
<br />records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the
<br />Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by
<br />law,
<br />
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Assignment:
<br />
<br />Amendments. This Assignment, together with any Related Documents, constitutes tll() 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.
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<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 thme 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 or the Grantors. If Borrower and Grantor are not the SalTle 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 rigPit. A waiver.by Llmderof a provision of this Assignment shall not prejudice or constitute a waiver of Lender's
<br />right othery/ise,to de'mand strict compliance' wi~h that provision or any other provision of this Assignment. No prior waiver by Lender,
<br />nor any cqurseof dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's
<br />obligations, as tb ahy future transactions. Whenever the consent of Lender is required under this Assignment, the granting of such
<br />consent by'L'iiilder inany Instance shallnot coristitute 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 />Noti~s. AnY"1lQ!!.c:;3r,flQl!ired __10 _be given under this Assig.n,!,ent shnll he (Ji\lf!n in writing, and shFlII bf! effective wtwn 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, whf!n deposited in the Unitnd States mail, as first class, certified or registered mail postage prepaid,
<br />directed to the addmsses 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 purposf! of the notice is to change the party's
<br />address. For notice purp.oses, 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, ,my notice given by Lender to any Grantor is deemed to be notice given
<br />to all Grantors.
<br />
<br />P.owers of Attorney. The various agencies and powers of attorney conveyed .on Lender under this Assignmf!nt 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 unenforcenble as to
<br />any person or circumstance, that finding shall not make the offending provisi.on illegal, invalid, or unenrorceable as to any other person
<br />or circumstance. If reasible, the offending provision shall be considered rnodifind so that it becomes If!gal, valid and enforceable. If
<br />the offending provision cannot be so modified, it shall be considered deleted from this Assignment. Unless .otherwise required by law,
<br />the illegality, invalidity, or unenforceability of any provision of this Assignment shall not affect the legality, validity or enforceability of
<br />any other provision of this Assignnmnt.
<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 success.ors and assigns. If ownership of the Prorerty becomes vf!sted in
<br />a pf!rson other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with rererence 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 t.o this Assignment hereby waive the right to any jury trial in any action, proceeding, or c.ounterclaim 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 the
<br />State of Nebraska as t.o 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
<br />JUDGMENT OF FORECLOSURE ON GRANTOR'S BEHALF AND ON BEHALF OF EACH AND EVERY PERSON, EXCEPT JUDGMENT
<br />CREDITORS OF GRANTOR. ACQUIRING ANYINfEREST IN OR TITLE TO THE PROPERTY SUBSEQUENT TO THE DATE OF THIS
<br />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 thf! plural shall include the singular, as the context may require. Words
<br />and tf!rms not otherwise defined in this Assignment shall have the meanings attributed t.o such terms in the Uniform Commercial Code:
<br />
<br />Assignment. The word" Assi(Jnment" means this ASSIGNMENT OF RENTS, as this ASSIGNMENT OF RENTS may be amended or
<br />modified from time to time, togf!ther with all exhibits and schedules attached to this ASSIGNMENT OF RENTS from time to time.
<br />
<br />Borr.ower. The word "Borrower" means Raymond J. O'Connor and Jennifer S, O'Connor.
<br />
<br />Default. The word" Default" means the Default set forth in this Assignment in the Sf!ction 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 Raymond J. O'Connor and Jennifer S. O'Connor.
<br />
<br />Guaranty. The word "Guaranty" means the 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, interf!st, and other amounts, costs and expenses payable under the Note
<br />or Related Documents, togethf!r with all renewals of, f!xtensions of, modifications .of, consolidati.ons 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 />
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