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<br />Loan No: 810U84
<br />ASSIGNMENT OF RENTS
<br />(Continued)
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<br />MISCELLANEOUS PRQVISIONS. The following miscellaneous provisions are a part of this Assignment:
<br />Amendments, 7his Assignment, togethsr 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 qf 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 6e governed by federal law applica6le tn Lender and, to the extent not preempted by federal
<br />law, the laws of the State of Nebraska without regard to its conflicts af law provisions, This Assignment has been acceptad by
<br />Lenderin the State af Nebraska.
<br />Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts ot Hall County,
<br />State of Nebreska.
<br />Joint and Several Liability. All obligations of Grantor under this Assignment shall be joint and several, and all references to Grantvr
<br />shall mean each and every Grsntor. This means that each Grantor signing below is responsible for all obligations in this Assignment.
<br />Marger. There shall be no merger of the interest or estate creatad 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 cspacity, without the written consent of Lender,
<br />Interpretation. (1) In all cases where there is more than one Borrower or Grentor, then all wards 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 ons or more of the Grantors. If Borrower and Grantor are not the same person, Lender need not sue Borrower
<br />firs#, 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. 7hey are not to be used #o interpret or dafine the provisions of this Assignment.
<br />No Waivar 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, shsll 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 cpnsent to subsequsnt instances where such cpnsent 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 telefacsimiie (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 />directsd to the sddressas 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, Grantar 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 compatent jurisdiction finds eny provision of this Assignment to be illegal, invalid, or unenforceable as to
<br />any person or circumstance, that finding shall not make the offending provision 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 enforcea6le. If
<br />the offending provision cannot be so modified, it shall be considered deleted from this Assignmenf. Unless otherwise required by law,
<br />the iilegality, invalidity, or unenforceability pf any provision of this Assignment shall not affect the legality, validity vr enforceability of
<br />any other provisian of this Assignment.
<br />3uccessors and Assigns. Subject to any limitations stated in this Assignment an transfer of Grantor's interest, this Assignment shall
<br />be binding upon and inure to the benefit of the parties, their succassors 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 />underthelndebtedness.
<br />Time is of the Essence. Time is of the essence in the perfvrmance of this Assignment.
<br />Waive Jury. All parties to this Assignment hareby 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 Hamestead Exemption. Grantor hereby releases and waives all rights and benefits vf the homestead exemption laws of the
<br />State of Nebraska as to all Indebtedness secured by this Assignment.
<br />D�pINITIONS. 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 nat 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 QF RENTS, as this ASSIGNMENT QF RENTS may be amended or
<br />modifiad from time to time, together with all exhibits and schedules attached to this ASSIGNMENT OF RENTS from time to time.
<br />Borrower. The wvrd "Borrower" means ROBERT D RIEbY and KRISTIN M RIEDY.
<br />Default. The word "Default" means the Oefault set forth in this Assignment in tha section titled "DefaulY'.
<br />Event pf Default. The words "�vent of Default" mean any of the events of default set forth in this Assignment in the default section
<br />of this Assignment.
<br />Grantar. The word "Grantor" means ROBERT D RIEDY end KRISTIN M RIEDY.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party #v Lender, including
<br />without limitation a guaranty of all or part of the Note.
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, casts and expenses psyable 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 snd 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 advancas set forth in the Future Advances provision of
<br />this Assignment, together with all interest thereon.
<br />Lendar. The word "Lender" means Equitable 8ank, its successors and assigns.
<br />Note. The word "Note" means the promissory note dated Octaber 29, 2010, Ifl the priginal principal amount O�
<br />$47,000.00 from Grantor to Lender, together with all renewals of, sxtensions of, modifications of, refinancings of, consnlidations
<br />of, and substitutions for the promissory note or sgreement. '
<br />Praperty. The word "Property" means all ot Grantor's right, title and interest in and to all the Property as described in the
<br />"Assignment" section of this Assignment.
<br />Related Documents. The words "Related Documents" mean all promissory notes, credit agreemanxs, �oar� ��reem�nts,.9nvironmental
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