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� <br />� �� <br />�� <br />� �� <br />N � <br />� �� <br />N �� <br />�P �� <br />CJ1 _- <br />� <br />�� <br />�� <br />�� <br />�� <br />�� <br />� <br />� <br />� <br />� <br />� <br />t�3 <br />� <br />� <br />� <br />� <br />rn <br />� <br />f'�'1 <br />C <br />m <br />� <br />P� <br />� <br />� <br />� <br />C <br />� <br />��� <br />�'1 !� ;f� <br />� � <br />� <br />r.� <br />r_=, <br />w� <br />S 'v <br />o � <br />� ��? r�'- � <br />� � � � I ' � <br />° � N <br />� � CL7 <br />m <br />� <br />v, -. <br />� � <br />� <br />� `� N <br />� <br />� � � <br />v � <br />� <br />C'� (n <br />O --� <br />c n <br />z - i <br />� rn <br />-t Q <br />O �7 <br />-'' z <br />= rn <br />D � <br />�`- � <br />r n <br />� <br />� <br />n <br />� <br />� <br />N <br />0 <br />� <br />i�5 <br />v <br />N <br />� <br />CJ'i <br />CO <br />Return To: Nebraska Economic Development Corp., 1610 South 70 Street, Suite 201, Lincoln, NE 68506 � <br />� ` d <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 />