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m N n(J) <br /> Mom p OD <br /> nH W zm IV m <br /> o <br /> Z C TI D <br /> ry zD �_ Onz O CO <br /> 00 <br /> co <br /> w0 C <br /> o <br /> co <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 July 17, 2013, is made and executed between ASAP <br /> REAL ESTATE L.L.C., a Nebraska Limited Liability Company, whose address is 8619 SOUTH <br /> 137TH CIRCLE, OMAHA, NE 68138 (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 20, PLATTE VALLEY INDUSTRIAL PARK THIRD SUBDIVISION, AN ADDITION TO THE <br /> CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. <br /> The Property or its address is commonly known as 4044 GOLD CORE DRIVE, GRAND ISLAND, <br /> NE 68801. <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 /> 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 /> Other Acts. Lender may do all such other things and acts with respect to the Property as Lender may deem <br /> appropriate and may act exclusively and solely in the place and stead of Grantor and to have all of the powers of <br /> Grantor for the purposes stated above. <br /> APPLICATION OF RENTS. All costs and expenses incurred by Lender in connection with the Property shall be for <br /> Grantor's account and Lender may pay such costs and expenses from the Rents. Lender, in its sole discretion, shall <br /> determine the application of any and all Rents received by it; however, any such Rents received by Lender which are <br /> not applied to such costs and expenses shall be applied to the Indebtedness. All expenditures made by Lender under <br /> this Assignment and not reimbursed from the Rents shall become a part of the Indebtedness secured by this <br /> Assignment, and shall be payable on demand, with interest at the Note rate from date of expenditure until paid. <br /> FULL PERFORMANCE. If Grantor pays all of the Indebtedness when due and otherwise performs all the obligations <br /> imposed upon Grantor under this Assignment, the Note, and the Related Documents, Lender shall execute and deliver to <br /> Grantor a suitable satisfaction of this Assignment and suitable statements of termination of any financing statement on <br /> file evidencing Lender's security interest in the Rents and the Property. Any termination fee required by law shall be <br /> paid by Grantor, if permitted by applicable law. <br /> LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in <br /> the Property or if Grantor fails to comply with any provision of this Assignment or any Related Documents, including but <br />