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WHEN RECORDED MAIL TO: <br />Equitable Bank <br />Diers Avenue Branch <br />PO Box 160 <br />Grand Island, NE 68802-0160 <br />xi1 r-,, (-1 <br />rn! a:>- <br />c rn 2n <br />n _ n () <br />n D a W <br />FOR RECORDER'S USE ONLY <br />ASSIGNMENT OF RENTS <br />THIS ASSIGNMENT OF RENTS dated December 30, 2021, is made and executed between <br />EPGI, L.L.C., whose address is 704 W 3rd St, Grand Island, NE 68801; a Nebraska Limited <br />Liability Company (referred to below as "Grantor") and Equitable Bank, whose address is PO <br />Box 160, Grand Island, NE 68802-0160 (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 Sixteen (16), Seventeen (17), Eighteen (18) and Nineteen (19), Sunny Acres <br />Subdivision to the City of Grand Island, Hall County, Nebraska. <br />The Property or its address is commonly known as 703-709, 711-725 W Hedde & 1603-1609 <br />Adams, Grand Island, NE 68801. The Property tax identification number is 400095599, <br />400095602 & 400095629. <br />CROSS -COLLATERALIZATION. In addition to the Note, this Assignment secures all obligations, debts and liabilities, <br />plus interest thereon, of either Grantor or Borrower to Lender, or any one or more of them, as well as all claims by <br />Lender against Borrower and Grantor or any one or more of them, whether now existing or hereafter arising, whether <br />related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or <br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Grantor <br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or <br />otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of <br />limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise <br />unenforceable. <br />FUTURE ADVANCES. In addition to the Note, this Assignment secures all future advances made by Lender to Borrower <br />or Grantor whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this <br />Assignment secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may <br />loan to Borrower or 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 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 />claims except as disclosed to and accepted by Lender in writing. <br />Right to Assign. Grantor has the full right, power and authority to enter into this Assignment and to assign and <br />convey the Rents to Lender. <br />No Prior Assignment. Grantor has not previously assigned or conveyed the Rents to any other person by any <br />instrument now in force. <br />No Further Transfer. Grantor will not sell, assign, encumber, or otherwise dispose of any of Grantor's rights in the <br />ati 1147411111SN1 SV 631311413 <br />