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:ORDATION REQUESTED BY:
<br />Timberline Bank
<br />Grand Junction
<br />649 Market St
<br />Grand Junction, CO 81505
<br />EN RECORDED MAIL TO:
<br />Timberline Bank
<br />649 Market St
<br />Grand Junction, CO 81505
<br />SEND TAX NOTICES TO:
<br />Timberline Bank
<br />Grand Junction
<br />649 Market St
<br />Grand Junction, CO 81505
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<br />ASSIGNMENT OF RENTS
<br />MAXIMUM PRINCIPAL AMOUNT SECURED. The Lien of this Assignment shall not exceed at any one time $3,500,000.00 except as
<br />allowed under applicable Colorado law.
<br />THIS ASSIGNMENT OF RENTS dated December 29, 2020, is made and executed between Royce Carville,
<br />and Janice Carville, husband and wife, whose address is 1875 DEER PARK CIR S, GRAND JUNCTION, CO
<br />81507-9581 as to Parcel A and FX -GIN, L.L.C., A COLORADO LIMITED LIABILITY COMPANY as to Parcel
<br />B, whose address is 1875 DEER PARK CIR S, GRAND JUNCTION , CO 81505 (referred to below as
<br />"Grantor") and Timberline Bank, whose address is 649 Market St, Grand Junction, CO 81505 (referred to
<br />below as "Lender").
<br />ASSIGNMENT. For valuable consideration, Grantor
<br />and conveys to Lender all of Grantor's right, title,
<br />described Property located in HALL County, State of
<br />hereby assigns, grants a continuing security interest in,
<br />and interest in and to the Rents from the following
<br />Nebraska:
<br />Parcel A:
<br />Lot One (1) Platte Valley Industrial Park
<br />Grand Island, Hall County, Nebraska
<br />Parcel B:
<br />Lot Two (2) Platte Valley Industrial Park
<br />Grand Island, Hall County, Nebraska
<br />Eighth Subdivision, an Addition to the City of
<br />Eighth Subdivision an Addition to the City of
<br />The Property or its address is commonly known as 4201 GOLD CORE DRIVE , GRAND ISLAND , NE
<br />68801.
<br />THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL
<br />OBLIGATIONS OF BORROWER AND GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS. THIS
<br />ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action" or "anti -deficiency" law, or any
<br />other law which may prevent Lender from bringing any action against Grantor, including a claim for deficiency to the extent Lender is
<br />otherwise entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either
<br />judicially or by exercise of a power of sale.
<br />BORROWER'S WAIVERS AND RESPONSIBILITIES. Lender need not tell Borrower about any action or inaction Lender takes in
<br />connection with this Assignment. Borrower assumes the responsibility for being and keeping informed about the Property. Borrower
<br />waives any defenses that may arise because of any action or inaction of Lender, including without limitation any failure of Lender to
<br />realize upon the Property, or any delay by Lender in realizing upon the Property. Borrower agrees to remain liable under the Note with
<br />Lender no matter what action Lender takes or fails to take under this Assignment.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Assignment or any Related Documents, Grantor shall pay to
<br />Lender all amounts secured by this Assignment as they become due, and shall strictly perform all of Grantor's obligations under this
<br />Assignment. Unless and until Lender exercises its right to collect the Rents as provided below and so long as there is no default
<br />under this Assignment, Grantor may remain in possession and control of and operate and manage the Property and collect the Rents,
<br />provided that the granting of the right to collect the Rents shall not constitute Lender's consent to the use of cash collateral in a
<br />bankruptcy proceeding.
<br />GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that:
<br />Ownership. Grantor is entitled to receive the Rents free and clear of all rights, loans, liens, encumbrances, and claims except as
<br />ON SV QM31N3
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