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<br /> ASSIGNMENT OF RENTS 201001905
<br /> (Continued) Page 3
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<br /> Other Remedies. Lender shall have all other rights and remedies provided in this Assignment or the Note or by law. "
<br /> Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make
<br /> expenditures or to take action to perform an obligation of Grantor under this Assignment, after Grantor's failure to perform, shall not
<br /> affect Lender's right to declare a default and exercise its remedies.
<br /> Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Assignment, Lender shall be
<br /> entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any
<br /> court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are
<br /> necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable
<br /> on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph
<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 /> 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 /> Joint and Several Liability. All obligations of Borrower and Grantor under this Assignment shall be joint and several, and all references
<br /> to Grantor shall mean each and every Grantor, and all references to Borrower shall mean each and every Borrower.' This means that
<br /> each Grantor signing below is responsible for all obligations in this Assignment.
<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 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 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 /> Saverability. 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 enforceabilitX of any other
<br /> provision of this Assignment.
<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.
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<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 /> 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 Mr. G's Car Care Center, Inc.
<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 The Jocar Living Trust.
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