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<br /> ASSIGNMENT OF RENTS 2 0 0 9 0 7 7 2 5
<br /> (Continued) Page 3
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<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 /> MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Assignment:
<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 /> 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 /> 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 /> Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Buffalo
<br /> County, State of Nebraska.
<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 /> 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 :hall 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 any one 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 /> 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 /> 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 /> 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 /> 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 /> Successors and Assigns. Subject to any limitations stated in this Assig bf t.Qq uAwIg,;„W.QfAQ ,pt;,~„(ntgrgst, this Assignment shall
<br /> be binding upon and inure to the benefit of the parties, their successors Wos. ,~otalsp►e r~kii b) fa Property becomes vested in
<br /> a person other than Grantor, Lender, without notice to Grantor, may dea rantorV4!s,1.NC (%O( ,ith'refeeence to this Assignment
<br /> and the Indebtedness by way of forbearance or extension without releas o6rSii AM;rktpgkbtiati,ons of this Assignment or liability
<br /> under the Indebtedness.
<br /> Time is of the Essence. Time is of the essence in the performance of this Assignment.
<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 /> 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 /> 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 ANY INTEREST IN OR TITLE TO THE PROPERTY SUBSEQUENT TO THE DATE OF THIS
<br /> ASSIGNMENT.
<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 /> 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 /> Borrower. The word "Borrower" means MIK, LLC.
<br /> Default. The word "Default" means the Default set forth in this Assignment in the section titled "Default".
<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 /> Grantor. The word "Grantor" means MIK, LLC.
<br /> Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness.
<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 /> 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 all amounts that may be indirectly secured by the
<br /> Cross-Collateralization provision of this Assignment.
<br /> Lender. The word "Lender" means Exchange Bank, its successors and assigns.
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