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NE 68848 FOR RECORDER'S USE ONLY <br />ASSIGNMENT OF RENTS <br />THIS ASSIGNMENT OF RENTS dated July 10, 2012, is made and executed between The <br />Meadows Apartment Homes LLC, whose address is 2612 Carleton Avenue, Grand Island, NE <br />68802-0000 (refe�ed to below as "Grantor") and GREAT WESTERN BANK, whose address is <br />2120 1st Ave, Kearney, NE 68848 (referred to below as "Lender"). <br />ASSIGNMENT. For valuable consideration, Grantor hereby assigns, grants a continuing security <br />interest in, and conveys to Lender all of Grantor's right, title, and interest in and to the Rents <br />from the following described Properly located in Hall County, State of Nebraska: <br />See Exhibit "A", which is attached to this Assignment and made a part of this Asslgnment <br />as if fully set forth herein. <br />The Property or its address Is commonly known as 2612 Carleton Avenue, Grand Island, NE <br />68802. <br />CROSS-COLLATERALIZATION. In addition to the Note, this Assignment secures all obligations, debts and liabilities, <br />plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grentor <br />or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of <br />the Note, whether voluntary or othervvise, whether due or not due, direct or indirect, determined or undetermined, <br />absolute or contingent, liquidated or unflquidated, whether Grantor may be liable individually or jointly with others, <br />whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts <br />may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts <br />may be or hereafter may become otherwise unenforceable. <br />FUTURE ADVANCES. In addition to the Note, this Assignment secures all future advances made by Lender to Grantor <br />whether or not the advances are made pursuant to a commitment. Specifically, without limitatlon, this Assignment <br />secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to <br />Grantor, together with all interest thereon. <br />THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY <br />AND ALL OBLIGATIONS OF GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS. <br />THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as othervvise provided in this Assignment or any Related Documents, Grantor <br />shall pay to Lender all amounts secured by this Assignment as they become due, and shall strlctly pertorm all of <br />Grantor's obligations under this Assignment. Unless and until Lender exercises its right to collect the Rents as provided <br />below and so long as there is no default under this Assignment, Grantor may remain in possession and control of and <br />operate and manage the Property and collect the Rents, provided that the granting of the right to collect the Rents shall <br />not constitute Lender's consent to the use of cash collateral in a bankruptcy proceeding. <br />GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: <br />Ownership. Grantor is entitled to receive the Rents free and clear of all rights, loans, liens, encumbrances, and <br />claims except as disclosed to and accepted by Lender in writing. <br />Right to Assign. Grantor has the full right, power and authority to enter into this Assignment and to assign and <br />convey the Rents to Lender. <br />No Prior Assignment. Grantor has not previously assigned or conveyed the Rents to any other person by any <br />instrument now in force. <br />No Further Transfer. Grantor will not sell, assign, encumber, or otherwise dispose of any of Grantor's rights in the <br />Rents except as provided in this Assignment. <br />LENDER'S RIGHT TO RECEIVE AND COLLECT RENT3. Lender shall have the right at any time, and even though no <br />default shall have occurred under this Assignment, to collect and receive the Rents. For this purpose, Lender is hereby <br />given and granted the following rights, powers and authority: <br />Notice to Tenants. Lender may send notices to any and all tenants of the Property advising them of this <br />Assignment and directing aIl Rents to be paid directly to Lender or Lender's agent. <br />N <br />O <br />� <br />1 J <br />C.._7 <br />U� <br />� <br />�� <br />C.J <br />a� <br />�� � <br />