|
Loan No: 1110769 -3
<br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this
<br />Assignment. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful
<br />money of the United States of America. Words and terms used in the singular shall include the plural, and the plural
<br />shall include the singular, as the context may require. Words and terms not otherwise defined in this Assignment shall
<br />have the meanings attributed to such terms in the Uniform Commercial Code:
<br />Assignment. The word "Assignment" means this ASSIGNMENT OF RENTS, as this ASSIGNMENT OF RENTS may
<br />be amended or modified from time to time, together with all exhibits and schedules attached to this ASSIGNMENT
<br />OF RENTS from time to time.
<br />Borrower. The word "Borrower" means Da -Ly Properties, LLC.
<br />Default. The word "Default" means the Default set forth in this Assignment in the section titled "Default ".
<br />Event of Default. The words "Event of Default" mean any of the events of default set forth in this Assignment in
<br />the default section of this Assignment.
<br />Grantor. The word "Grantor" means Da -Ly Properties, LLC.
<br />Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the
<br />Indebtedness.
<br />Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a
<br />guaranty of all or part of the Note.
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses
<br />payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of,
<br />consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by
<br />Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under
<br />this Assignment, together with interest on such amounts as provided in this Assignment.
<br />Lender. The word "Lender" means Platte Valley State Bank & Trust Company, its successors and assigns.
<br />Note. The word "Note" means the promissory note dated May 24, 2013, in the original principal amount
<br />of $856,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of,
<br />refinancings of, consolidations of, and substitutions for the promissory note or agreement.
<br />Property. The word "Property" means all of Grantor's right, title and interest in and to all the Property as
<br />described in the "Assignment" section of this Assignment.
<br />Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan
<br />agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security
<br />deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter
<br />existing, executed in connection with the Indebtedness.
<br />Rents. The word "Rents" means all of Grantor's present and future rights, title and interest in, to and under any
<br />and all present and future leases, including, without limitation, all rents, revenue, income, issues, royalties,
<br />bonuses, accounts receivable, cash or security deposits, advance rentals, profits and proceeds from the Property,
<br />and other payments and benefits derived or to be derived from such leases of every kind and nature, whether due
<br />now or later, including without limitation Grantor's right to enforce such leases and to receive and collect payment
<br />and proceeds thereunder.
<br />THE UNDERSIGNED ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS ASSIGNMENT, AND NOT
<br />PERSONALLY BUT AS AN AUTHORIZED SIGNER, HAS CAUSED THIS ASSIGNMENT TO BE SIGNED AND EXECUTED
<br />ON BEHALF OF GRANTOR ON MAY 24, 2013.
<br />GRANTOR:
<br />DA -LY PROPERTIES, LLC
<br />By:
<br />STATE OF Ne braska_.
<br />COUNTY OF
<br />LIMITED LIABILITY COMPANY ACKNOWLEDGMENT
<br />salEAk NOT/MY - S of Nebraska
<br />LISA L ICHT
<br />*COMM Ealp. May 21, 2017
<br />1 SS
<br />20130416
<br />ASSIGNMENT OF RENTS
<br />(Continued) Page 4
<br />On this 24 day of , 20 1 , before me, the undersigned
<br />Notary Public, personally appeared Jeffrey J. Reed, MApn be• of Da -Ly Properties, LLC, and
<br />known to me to be member or designated agent of the limited liability company that executed the ASSIGNMENT OF
<br />RENTS and acknowledged the Assignment to be the free and voluntary act and deed of the limited liability company, by
<br />authority of statute, its articles of organization or its operating agreement, for the uses and purposes therein mentioned,
<br />and on oath stated that he or she is authorized to execute this Assignment and in fact executed the Assignment on
<br />behalf of the limited liability company.
<br />By �//JE(_ //v
<br />L isa L. tQ, k1L
<br />Printed Name:
<br />Notary Public inAind for the State of /V E
<br />Residing at raC. I s (aizo
<br />My commission expires 5-2/ .4 7
<br />LASER PRO Lending, Ver. 12.4.10.003 Copr. Harland Financial Solutions, Inc. 1997, 2013. All Rights Reserved. -
<br />NE C: \APPS \CFI \LPL \G14.FC TR- 100984 PR -102
<br />
|