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<br />Return To: Nebraska Economic Development Corp., 1610 South 70 Street, Suite 201, Lincoln, NE 68506 �
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<br />ASSIGNMENT OF LEASES AND RENTS
<br />THIS ASSIGNMENT OF LEASES AND RENTS (as the same may be amended, modified or supplemented from time
<br />to time, the "AssignmenY'), dated as of the 20th day of Mazch, 2012, from Deepak Sin6a and Suhita Sinha, husband
<br />and wife, and Shraddha, LLC, a Colorado Limited Liability Company (whether one or more in number hereinafter the
<br />"Assignor"), in favor of Nebraska Economic Development Corporation, a Nebraska Non-Profit Corporation (the
<br />"Assignee"), for further assignment by Assignee to the L]NITED STATES SMALL BUSINESS ADMINISTRATION, an
<br />agency of the United States (the "SBA"), recites and provides:
<br />Assignee has agreed to make a loan to Assignor in the principal amount of One Million Twenty-six Thousand and
<br />00/100 Dollazs ($1,026,000.00) (the "Loan") to provide financing for acquisition of the land described as Lots One (1)
<br />and Two (2), Highway Motels Subdiv'ision, Hall County, Nebraska hereto and the improvements thereon
<br />situated in the County of Hall, Nebraska (collectively, the "Premises"). The Loan is evidenced by a promissory note of
<br />even date herewith (as the same may be amended, modified or supplemented from time to time (the "Note") made by
<br />Assignor and payable to the order of Assignee in the principal amount of $1,026,000.00. The Note is secured, in part, by a
<br />deed of trust of even date herewith (as the same may be amended, modified or supplemented from time to time, (the "Deed
<br />of Trust") from Assignor to Gregg Stratman, as trustee. Terms defined in the note and the Deed of Trust shall have the
<br />same defined meaning when used in this Assignment. As a condition to making the Loan, the Assignee has required an
<br />assignment to the Assignee and any subsequent holder of the Note of all leases (individually, a"Lease," and collectively,
<br />the "Leases") of or relating to Assignor's interest in the Premises or any part thereof, now or hereatter existing, and all
<br />rents, issues and profits (the "Rents") now or hereafter arising from Assignor's interest in the Premises or any part thereof,
<br />all in accordance with the terms and conditions set forth herein.
<br />NOW, THEREFORE, for and in consideration of the agreement of Assignee to make the Loan and as ADDITIONAL
<br />SECURITY for the payment of the Note, Assignor agrees as follows:
<br />Assignment of Leases. Assignor hereby assigns, transfers and set over to Assignee, and any subsequent holder
<br />of the Note, all Assignor's right, title and interest in and to all Leases and all renewals or extensions thereof,
<br />together with all the Rents, now existing or hereafter arising. Prior to the election of Assignee to collect the
<br />Rents upon the occurrence of an Event of Default under the Deed of Trust, Assignor shall have the right to
<br />collect and dispose of the Rents without restriction. Further, Assignor, as Landlord under any Lease which
<br />prohibits assignment, hereby grants such consent, as may be required by any Lease, to the assignment, transfer,
<br />and encumbrance of the Lease to the Assignee.
<br />2. Delivery, of the Leases. All Leases currently in effect with respect to the Premises have been delivered to
<br />Assignee, aze in full force and effect as of the date of this Assignment and neither Assignor nor any tenant is in
<br />default thereunder. Assignor shall not make any subsequent agreement for the lease of the Premises or any part
<br />thereof except in the ordinary course of busutess in accordance with the provisions of the Deed of Trust. All
<br />such subsequent Leases shall be subject to the prior written approval of Assignee, which approval shall not be
<br />unreasonably withheld, in accordance with the provisions of the Deed of Trust.
<br />No Modification of the Leases. Without the prior written consent of Assignee, which consent shall not be
<br />unreasonably withheld, Assignor shall not:
<br />A. Cancel, terminate or accept any sunender of the Leases;
<br />B. Accept any prepayments for more than (30) days of installments of rent under any of the Leases;
<br />C. Modify or abridge any of the terms, covenants and conditions of any of the Leases so as to reduce the terms
<br />thereof or the rental payments thereunder; or
<br />D. Change any renewal privileges contained in any of the Leases.
<br />4. Representations and Warranties. Assignor represents and warrants that:
<br />
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