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–nm 26,1 <br />rt z <br />( Z <br />r\ <br />WHEN RECORDED MAIL TO: <br />PINNACLE BANK <br />180TH & WEST DODGE ROAD OFFICE <br />18081 BURT STREET <br />OMAHA, NE 68022 <br />fi <br />P V-7-1 <br />CD <br />FOR RECORDER'S USE ONLY <br />ASSIGNMENT OF RENTS <br />THIS ASSIGNMENT OF RENTS dated May 1, 2019, is made and executed between 1803, LLC, <br />a Nebraska Limited Liability Company, whose address is 17750 BURT ST, OMAHA, NE <br />68118-3311 (referred to below as "Grantor") and PINNACLE BANK, whose address is 18081 <br />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 />LOTS TWO (2), THREE (3) AND FOUR (4), ROEPKE SECOND SUBDIVISION, IN THE CITY <br />OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br />The Property or its address is commonly known as 120-124 E STOLLEY PARK RD, GRAND <br />ISLAND, NE 68801. The Property tax identification number is 400084201 and 400084236. <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 />c1i 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 />Dwhether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts <br />W 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 />FUTURE ADVANCES. In addition to the Note, this Assignment secures all future advances made by Lender to Grantor <br />whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Assignment <br />n secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to <br />Grantor, together with all interest thereon. <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 />r) <br />