201301820
<br /> ASSIGNMENT OF LEASES AND RENTS
<br /> THIS ASSIGNMENT OF LEASES AND RENTS (this "Assignment") made
<br /> as of the VII day of March, 2013, by WEST PARK PLAZA MOBILE HOME PARK,LLC, a
<br /> Delaware limited liability company, as assignor, having its principal place of business at 2 W.
<br /> Dry Creek Circle, Suite 200, Littleton, Colorado 80120 ("Borrower") to CITIGROUP
<br /> GLOBAL MARKETS REALTY CORP., having an address at 388 Greenwich Street, 19th
<br /> Floor, New York, New York 10013 (together with its successors and assigns, "Lender").
<br /> WITNESSETH:
<br /> WHEREAS, this Assignment is given in connection with a loan (the "Loan")
<br /> made by Lender to Borrower pursuant to that certain Loan Agreement, dated as of the date
<br /> hereof and entered into by and among Borrower, each of the parties listed on Schedule A
<br /> attached hereto and Lender (as the same may be amended, restated, replaced, supplemented or
<br /> otherwise modified from time to time, the "Loan Agreement") and evidenced by that certain
<br /> Promissory Note, dated the date hereof, given by Borrower and the parties listed on Schedule A
<br /> attached hereto to Lender (as the same may be amended, restated, replaced, supplemented or
<br /> otherwise modified from time to time, the "Note");
<br /> WHEREAS, Borrower desires to secure the payment of the Debt and the
<br /> performance of all of its obligations under the Note, the Loan Agreement and the other Loan
<br /> Documents; and
<br /> WHEREAS, this Assignment is given pursuant to the Loan Agreement, and
<br /> payment, fulfillment, and performance by Borrower of its obligations thereunder and under the
<br /> other Loan Documents is secured hereby, and each and every term and provision of the Loan
<br /> Agreement and the Note, including the rights, remedies, obligations, covenants, conditions,
<br /> agreements, indemnities, representations and warranties therein, are hereby incorporated by
<br /> reference herein as though set forth in full and shall be considered a part of this Assignment.
<br /> NOW THEREFORE, in consideration of the making of the Loan by Lender and
<br /> the covenants, agreements, representations and warranties set forth in this Assignment:
<br /> ARTICLE 1 - ASSIGNMENT
<br /> Section 1.1 Property Assigned. Borrower hereby absolutely and
<br /> unconditionally assigns and grants to Lender the following property, rights, interests and estates,
<br /> now owned, or hereafter acquired by Borrower:
<br /> (a) Leases. All leases, subleases or subsubleases, lettings, licenses,
<br /> concessions or other agreements made a part hereof(whether written or oral and whether now or
<br /> hereafter in effect), pursuant to which any Person is granted a possessory interest in, or a right to
<br /> use or occupy, all or any portion of any space in that certain lot or piece of land, more
<br /> particularly described in Exhibit A annexed hereto and made a part hereof, together with the
<br /> buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs,
<br /> 79582.000016 EMF_US 44361557v1
<br />
|