|
20140467 ? 200604319
<br /> UCC FINANCING STATEMENT
<br /> EXHIBIT"A"
<br /> All right,title, interest and estate of Debtor now owned or hereafter acquired in and
<br /> to the following property,rights, interests and estates:
<br /> 1. The Loan Agreement, between the Debtor, as lender, and Grand Island Regency
<br /> Retirement, Inc., Grand Island, Nebraska, as borrower, dated as of April 19, 2006, (the "Loan
<br /> Agreement"), including all extensions,renewals or modifications thereof, if any, together with all
<br /> rights of the Debtor thereunder,including but not limited to the present and continuing right to make
<br /> claim for,collect,receive and receipt for any of the payments receivable under the Loan Agreement,
<br /> to bring actions and exercise all rights and remedies of a secured party therein or under the Uniform
<br /> Commercial Code provided for and to do any and all things which the Debtor is entitled or may
<br /> become entitled to do thereunder,provided,however,that the rights of indemnification and the right
<br /> to reimbursement for expenses provided for in the Loan Agreement are and shall be reserved to
<br /> Debtor;
<br /> 2. The Promissory Note,dated as of April 19, 2006, executed and delivered by Grand
<br /> Island Regency Retirement, Inc., Grand Island, Nebraska to the Debtor evidencing Grand Island
<br /> Regency Retirement,Inc.,Grand Island,Nebraska's obligation to repay its borrowing under the Loan
<br /> Agreement(the"Note"),including all extensions,renewals,or modifications thereof,if any,together
<br /> with all rights of the Debtor thereunder,which such Note has been assigned to and is payable to the
<br /> order of Heritage Bank as Trustee (the "Trustee");
<br /> 3. The Mortgage, Security Agreement, and Assignment of Leases and Rents executed
<br /> among Grand Island Regency Retirement,Inc.,Grand Island,Nebraska,the Debtor,and the Trustee,
<br /> dated April 19, 2006, covering, among other properties, the real estate described in Exhibit B (the
<br /> "Mortgage"), including all extensions renewals or modifications thereof, if any, together with all
<br /> rights of the Debtor thereunder,including but not limited to,the right to request the appointment of
<br /> a receiver for the Project(as defined in the Loan Agreement),to exercise all rights and remedies as
<br /> provided for therein,to bring actions and proceedings thereunder or for the enforcement thereof,and
<br /> to do any and all things which Debtor is entitled or may become entitled to do thereunder, such
<br /> assignment to be further evidenced by written memorandum in recordable form;
<br /> 4. All moneys and securities from time to time held by the Trustee under the terms of
<br /> the Indenture, dated April 19, 2006, between the Debtor and the Trustee(the"Indenture");
<br /> 5. Any and all other property of every name and nature from time to time hereafter by
<br /> delivery or by writing of any kind conveyed,mortgaged,pledged,assigned or transferred,as and for
<br /> additional security hereunder by the Debtor or by any one on its behalf to the Trustee, which is
<br /> hereby authorized to receive any and all such property at any time and all times and to hold and apply
<br /> the same subject to the terms hereof; and
<br /> 6. Any and all proceeds from any property described above.
<br />
|