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202111040
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1/3/2022 9:40:12 AM
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1/3/2022 9:07:31 AM
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202111040
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13VI1SSV TO <br />WHEN RECORDED MAIL TO: <br />LIVE OAK BANKING COMPANY <br />1741 Tiburon Drive <br />Wilmington, NC 28403 <br />C) <br />r•-,) <br />71 <br />ON 1N3Wf1J1SN <br />FOR RECORDER'S USE ONLY <br />ASSIGNMENT OF RENTS <br />THIS ASSIGNMENT OF RENTS dated December 29, 2021, is made and executed between <br />JR's RedZone, LLC, whose address is 2030 N. Custer Ave., Grand Island, NE 68803 (referred <br />to below as "Grantor") and LIVE OAK BANKING COMPANY, whose address is 1741 Tiburon <br />Drive, Wilmington, NC 28403 (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 />See Exhibit "A", which is attached to this Assignment and made a part of this Assignment <br />as if fully set forth herein. <br />The Property or its address is commonly known as 604 West 3rd Street, Grand Island, NE <br />68801. <br />THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY <br />AND ALL OBLIGATIONS OF BORROWER AND GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED <br />DOCUMENTS. THIS 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" <br />law, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for <br />deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement <br />or completion of any foreclosure action, either 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 <br />takes in connection with this Assignment. Borrower assumes the responsibility for being and keeping informed about <br />the Property. Borrower waives any defenses that may arise because of any action or inaction of Lender, including <br />without limitation any failure of Lender to realize upon the Property, or any delay by Lender in realizing upon the <br />Property. Borrower agrees to remain liable under the Note with Lender no matter what action Lender takes or fails to <br />take under this Assignment. <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 />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 <br />
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