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20�10647
<br />ASStGNMENT OF RENTS
<br />Loan No; 90q9 (Continued} Page 5
<br />considered delefed from this Assignment. Unless otherwise required by law, the illegality, invalidity, or
<br />unenforceability of any provision of this Assignmeni shall not afleot the legality. validity or enforceability of any
<br />other provision ai this Assignment.
<br />Successars and Assigns. SubjecL to eny limitations stated in this Assignment on trenafer of Grantor's interest, this
<br />Assignment shell be binding upon and inure to the benefit of the parties, their successors and assigns. !f
<br />ownership of the Property becomes vested in a person other than Grantor. Lender, without notice to Grantor, may
<br />deal wfth Grantor's successors with reference to this AssignmenY and the Indebtedness by way of forbearance or
<br />extension without releasing Grantor from the obligations of this Assignment or liability under the Indebtedness.
<br />7ime is of the Essance. Time is of the essence in the performance of this Assignment.
<br />Waive Jury. A!I parties to this Assignmer�t hereby waive the right to any jury trial in any actian, proceeding, or
<br />caunterciaim broughY by any party against any other party.
<br />Wafver af Homestead Exemptian. Grantar hereby releases end waives ali rtghts and benefits of the homastead
<br />exemption laws ot the Stete of Nebraska as to aii Indebtedness secured by this Assignmant.
<br />Waivar of Rigfit of Redemption. NOTWI7HSTANDIfdG ANY OF 7ME PROVISIONS TO 7HE CONTRARY
<br />COtV7AINED IN THIS ASSIGNMENT, GRANTOR HEREBY WAIVE5 ANY AND ALL RIGN7S OF REOEMPTIOiV FROM
<br />SALE UNDER ANY OROER OR JUDCsMENT QF FORECLOStJRE ON GRANTpR'S BEFtALF AND QN BEHALF OF
<br />EACH AND EVERY PERSON, EXCEPT ,tUDGMENT CREDITORS OF GflAN70R, ACQUIRING ANY IN7EREST IN OR
<br />TITLE TO 7HE PROf'ER7Y SUBSEQUEN7 TO 7HE DATE OF 7HI5 ASSIGNMEN7.
<br />DEFINITION3. The fallowing capitalized words and terms shall have the foEtowing meanings when used in this
<br />Assignment. Unless speoificaliy stated to the contrary, all references to dollar amaunts shall mean amounts in lawful
<br />money ot the United States of America. Words end terms usad in the singutar shali include the plural, and the piural
<br />shall include the singular, as the aontext may require. Words end terms nat otherwise defined in this Assignment shall
<br />have the meanings attributed to such terms in the ttniform Commercial Code:
<br />Assignment, The word "Assiqnment" means this ASSIGNMENT QF REN7S, as this ASSIGNMENT OF RENTS may
<br />be amended or modified from time to time, together with all exhibits anQ schedules atiached to this ASSIGNMENT
<br />OF RENTS from time to time.
<br />Borcower. The word °Borrower" means Batis Deveiopment Campany.
<br />Default. The word "Default" means the Default set forth in this Assic�nment in the section titled "Dafault",
<br />Event of Defauh. The words "Event of Default" mean any of the events of default set torth in this Ass(gnment in
<br />ths defauit section of this Assignment.
<br />Grantor, 7hs word "Grantor" means Batis Oevelopment Company.
<br />Guarentor. The word "Guarantor" meens eny guarantor, surety, or accOmmodetian party oT any ar all of the
<br />lndebtedness.
<br />Guarartty. Tha word "Guarenty" mea�s 2he guaranty from Guerantor to Lender, including without limitat+on a
<br />guaranty of all or part of tha Note.
<br />(ndebtedness. 'fhe word "IndeStedness" means all principal, interest, and other amounts. costs and expenses
<br />payable under the Note or Related Documenis, togethar with all renewais oi, extensions ot, modificetions of,
<br />cansolidations of and substitutions for the Note or Related Documents and any amounts expe�ded or advanced by
<br />Lender to discharge Grantor's obligations or expenses incurred by Lender ta enforce Grantor's obligations under
<br />this Assignment, together wi#h interest on such amounis as provided in this Assignment. Specifically, without
<br />limitation. Indebtedness includes the future advances set forth in the Future Advances provision, together with all
<br />interesi thereon and all amounts that may be indirectly secured by the Cross-Collateralization provision of this
<br />Assignment.
<br />Lender. The word "Lender° means Commeree Bank, its successors and assigns.
<br />Note. 7he word "Note" means the promissory note dated August 2&, 2011, !It the Ot'iginal pfinCip81
<br />BmOUrlt Of $2,OQ0,000,00 from Granior to Lender, together with all renewals of. extensions of.
<br />modifications of, refinancings of, consolidations of, and substitutions for the �romissory note or sgreement.
<br />Property. 7he word "Property" means all of Granior's righi, titla and interest in and to alt the Propsrty as
<br />described in tha "Assignment" section of this Assignment.
<br />Related Doouments. The words "Related Oocuments" maan all promissory notes, credit agreements. loan
<br />agreements, enviranmental agreements, guaranties, security �greements, mort9ages, deeds o( trust, security
<br />deeds, coltateral morigages, and all other instrumenis, agraements and dacuments, whether now or hereafter
<br />exisiing. axecuted in connection with the Indebtedness.
<br />Aents. 7he word "Rents" means sll of Grantor's prasant and future rights, title and interest in, to and under any
<br />snd all present and futuro leases, including, wiihout Iimitaiion, all rents, rovanus, income, issues, royalties,
<br />bonuses, accounts rece'sveble, cash or securiCy daposits, advance rentafs. profits and proceeds irom the Property,
<br />and other payments end benefits derived or to be derived from such leases of every kind and naturo, whether due
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