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Loan No: 3408320944 <br />ASSIGN Cantin ed)RENTS � Q i� U 7 6� i page 6 <br />parties as tn the matters set forth in this Assignment. No alteration of or amsndment to this Assignment shali 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 Meadings. Caption headings in this Assignment are for convenience purposes only and are not to be used to interpret or <br />define the prvvisipns of this Assignment. <br />Governing Law. This Assignment will be governed by federal law applicable to l.ender and, to the extent not preempted by federal <br />law, the laws of the State of Nebrnska without regard to its conflicts of law provisians. This Assignment has been accepted hy <br />Lender in the State of Nahraska. <br />Joint and Several �iability. All obligations af Borrower and Grantor under this Assignment shall be joint and several, and all references <br />to Grantor ahail mean each end every Grantar, 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 ihis Assignment. Where any one or more of the parties is a <br />corporation, partnership, limited liability company or similar entity, it is not necessary for Lender to inquire into the powers of any of <br />the officers, directors, partners, members, or other agents acting or purporting to act on the entity's behalf, and any obligations made <br />or created in reliance upon the prnfessed exercise of such powers shall be guaranteed under this Assignment. <br />Merger. There shall be no merger of the interest or estate created by this assignment wi#h 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 cansent of Lender. <br />Interpretation. (1) In all cases where there is more than one Borrower or Grantor, than all words used in this Assignment in the <br />singular shall be deemed to have been used in the plural where the context and constructipn 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 mpre nf the Grantors. If Bprrpwer and Grantor are not the same person, l.ender nsed nvt 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 purpases only. They are not to be used to interpret or define the provisions of this Assignment. <br />Np Waiver by Lander. Lendsr 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 pmission qn the part ot Lender in exercising any right shall operate as a waiver of such <br />right or any other right. A waiver by Lender nf a provision of this Assiynment shall not prejudice or constitute a waiver pf Lender's <br />right otherwise to demand strict compliance with that provision nr any other provision of this Assignment. No prior waiver by Lender, <br />nor any course of dealing be[ween Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's <br />obtigations 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 su6sequent instances where such consant 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 law1, when deposited with a natipnally recognized <br />overnight courier, or, if mailed, when deposited in [he United 5tates mail, as first class, certified ar registered mail postage prepaid, <br />diracted 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 nptice purposas, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise <br />provided nr required by law, if thera 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 Attomey. 7he various agancies 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 cour# of competent jurisdiction finds any provision of this Assignment to be illegal, invalid, or unenforceable as to <br />any person or circumstance, that finding shall not make the offending prpvisian illegal, invalid, or unenforceable as to any other person <br />or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If <br />the offending provision cannot ba so modified, it shall be considered deleted from this Assignment. Unless otherwise required by law, <br />the illegality, invalidity, or unenfprceability af any provision of this Assignment shall not affect the legality, validity or enforceability of <br />any other provision of this Assignment. <br />Successors and Assigns. Su6ject 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 b�comes vested in <br />a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with refprence to this Assignment <br />and the Indebtednass by way of farbearance or extension without releasing Grantar from the obligations of this Assignment or liability <br />underthelndebtedness. <br />Time is of the Essence. Time is of the essence in the performance of this Assignment. <br />Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits ot 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 PR�VISIONS 70 THE C�NTRARY CpNTAINED IN THIS <br />ASSIGNMENT, GRANTOR HEREBY WAIVES ANY AND ALL RIGMTS OF REDEMPTION FRQM SALE UNDER ANY OR�ER OR <br />JUDGMEN7 QF FORECLOSURE UN GRANTOR'S BEHALF AND ON BEHAI.F OF EACH AND EVERY PERSON, EXCEPT JUDGMENT <br />CREDITQFiS QF GRANTQR, ACQUIRING ANY INTER�S7 IN OR 71TLE Tp THE PROPERTY SUBSEQUENT TO THE DATE OF THIS <br />ASSIGNMENT. <br />DEFINITIONS. The following capitalized words and terms shell 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 inctude the singular, es the cantext 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 />