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N 00 m <br /> mm ' C-1 m <br /> n-�) w Zm N m <br /> 0000 D 1ii:oo <br /> O) 0 <br /> ao <br /> m0 o �a > rcn rn c <br /> woo) m <br /> cn <br /> p o N <br /> W Z <br /> 0 <br /> WHEN RECORDED MAIL TO: <br /> PINNACLE BANK <br /> 180TH& WEST DODGE ROAD OFFICE <br /> 18081 BURT STREET <br /> OMAHA.NE 68022 FOR RECORDER'S USE ONLY <br /> ASSIGNMENT OF RENTS <br /> THIS ASSIGNMENT OF RENTS dated March 11, 2013, is made and executed between TS12, <br /> LLC, A NEBRASKA LIMITED LIABILITY COMPANY, whose address is 8712 WEST DODGE <br /> ROAD SUITE 400, OMAHA, NE 68114 (referred to below as "Grantor") and PINNACLE BANK, <br /> whose address is 18081 BURT STREET, OMAHA, NE 68022 (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 Property located in HALL County, State of Nebraska: <br /> LOT ONE (1), STERLING ESTATES SECOND SUBDIVISION, IN THE CITY OF GRAND <br /> ISLAND, HALL COUNTY, NEBRASKA <br /> The Property or its address is commonly known as 3721 WEST CAPITAL AVENUE, GRAND <br /> ISLAND, NE 68803. The Property tax identification number is 400149893. <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 Grantor <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 otherwise, whether due or not due, direct or indirect, determined or undetermined, <br /> absolute or contingent, liquidated or unliquidated, 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 /> 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 otherwise 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 strictly perform 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 RENTS. 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 all Rents to be paid directly to Lender or Lender's agent. <br /> Enter the Property. Lender may enter upon and take possession of the Property;demand,collect and receive from <br /> the tenants or from any other persons liable therefor, all of the Rents; institute and carry on all legal proceedings <br /> necessary for the protection of the Property, including such proceedings as may be necessary to recover <br /> possession of the Property;collect the Rents and remove any tenant or tenants or other persons from the Property. <br /> Maintain the Property. Lender may enter upon the Property to maintain the Property and keep the same in repair; <br /> to pay the costs thereof and of all services of all employees,including their equipment, and of all continuing costs <br /> and expenses of maintaining the Property in proper repair and condition,and also to pay all taxes,assessments and <br /> water utilities,and the premiums on fire and other insurance effected by Lender on the Property. <br /> Compliance with Laws. Lender may do any and all things to execute and comply with the laws of the State of <br /> Nebraska and also all other laws, rules, orders, ordinances and requirements of all other governmental agencies <br />