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200102666
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200102666
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Last modified
10/14/2011 2:08:06 AM
Creation date
10/20/2005 8:17:30 PM
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DEEDS
Inst Number
200102666
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200102666 <br />1.4 "Mortgage" means that certain Mortgage affecting the Premises and securing the <br />Note (as defined below) and all other Obligations (as defined below) from Assignor <br />to Lender, together with all amendments, extensions and modifications thereof. <br />1.5 "Note" means that certain Promissory Note executed by Assignor on or about even <br />date herewith in the original principal amount of $400,000.00 payable to Lender, and <br />all amendments, extensions and modifications thereof. <br />1.6 "Obligations" means <br />(a) the payment of the principal amount, interest and all indebtedness evidenced <br />by the Note; <br />(b) the payment of all other sums, with interest thereon, becoming due and <br />payable to the Lender under the provisions of this Assignment and the Loan <br />Documents; and <br />(c) the performance and discharge of each and every other obligation, covenant, <br />agreement or liability of the Assignor contained herein and in the Loan <br />Documents. <br />1.7 "Premises" means all the real property in the County of Hall, State ofNebraska, more <br />particularly described in Exhibit B, attached hereto and incorporated herein by <br />reference. <br />1.8 "Rent" means all rents, royalties, income, issues, profits, security deposits, payments <br />and other benefits of any kind presently or hereafter arising from the Leases and the <br />use, possession or occupation of all or any portion of the Premises, whether same <br />accrue before or after foreclosure of the Mortgage or during any applicable <br />redemption period. <br />SECTION 2 <br />2.0 GRANT OF ASSIGNMENT. Assignor, for good and valuable consideration, the <br />receipt of which is hereby acknowledged, DOES HEREBY ABSOLUTELY AND <br />UNCONDITIONALLY GRANT, TRANSFER AND ASSIGN to Lender all Assignor's right, title <br />and interest in and to all present and future Leases, Rents and Guaranties, and Lender shall be entitled <br />to receive all of the benefits and exercise all of the rights related to or arising therefrom in the same <br />manner and to the same extent as Assignor. <br />This is a perfected, absolute and present assignment. Assignor intends that the Rents <br />absolutely assigned hereunder are no longer, during the term ofthis Assignment, property ofAssignor <br />or Assignor's estate as defined by 11 U.S.C. § 541 of the U.S. Bankruptcy Code and will not <br />constitute collateral, cash or otherwise, of Assignor. Notwithstanding any law to the contrary, in the <br />event of any Default (as defined hereunder), and if there is any law requiring Lender to take actual <br />possession of the Premises (or some action equivalent thereto, such as securing the appointment of <br />1049117.1 2 <br />
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