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THIS ASSIGNMENT, made as of the 213` day of December 2000, by KELLY & <br />COHEN APPLIANCES, INC., an Ohio corporation whose principal office is located at c/o Viceo <br />President - Finance, REX Stores Corporation, 2875 Needmore Road, Dayton, OH 45414 (� ° <br />( "Borrower "), to AMERICAN FAMILY LIFE INSURANCE COMPANY, an insurance \ <br />corporation organized and existing under the laws of the State of Wisconsin, whose address is <br />Investment Division, 6000 American Parkway, Madison, WI 53783 -0001 ( "American Family "). <br />FOR VALUE RECEIVED, Borrower grants, transfers and assigns to American <br />Family: (a) all of the right, title and interest of Borrower in and to any and all leases and any <br />other agreements granting a possessory interest in the real property described in Exhibit A attached <br />hereto (the "Premises "), together with any amendments or addenda to such leases and agreements <br />and including any guarantees of such agreements, now or hereafter entered into, whether oral or <br />written, (each such lease and related agreements and guarantees shall be referred to collectively <br />hereafter as a "Lease "); (b) any and all extensions and renewals thereof; (c) the immediate and <br />continuing right to collect and receive all rents, expense reimbursements or other income, <br />payments and profits arising out of any Lease or out of the Premises or any part thereof <br />( "Rents "); (d) the right to all proceeds payable to Borrower pursuant to any purchase options, <br />if any, on the part of any Tenant under any Lease; and (e) all payments derived from any Lease <br />including but not limited to claims for the recovery of damages done to the Premises or for the <br />abatement of any nuisance existing thereon, claims for damages resulting from default under any <br />Lease whether resulting from acts of insolvency or acts of bankruptcy or otherwise, and lump sum <br />payments for the cancellation of any Lease or the waiver of any obligation or term thereof prior <br />to the expiration date, and the return of any insurance premiums or ad valorem tax payments made <br />in advance and subsequently refunded, all for the purpose of securing the following: <br />(a) Payment of the Indebtedness evidenced by the Note, including any <br />extensions or renewals thereof, in the principal sum of Five Million Six Hundred Fifty Thousand <br />and No /100 Dollars ($5,650,000.00) dated of even date herewith, executed and delivered by <br />Borrower payable to the order of American Family secured, inter alia, by the Trust Deed, <br />Security Agreement and Fixture Financing Statement, dated of even date herewith, granted by <br />Borrower to American Family upon the Premises, and recorded in the County of Hall, State of <br />Nebraska (the "Trust Deed "). <br />M <br />n <br />M u, <br />2•• <br />o <br />M <br />Pt <br />f ., <br />Z <br />- <br />rT1 <br />CD <br />-4 <br />< > , <br />N <br />o -,l <br />o <br />d <br />C-X) <br />-, <br />CD <br />-0 <br />CT-, <br />J-A <br />co <br />ASSIGNMENT OF LEASES AND RENTS <br />-� <br />Cn <br />(n <br />~' <br />THIS ASSIGNMENT, made as of the 213` day of December 2000, by KELLY & <br />COHEN APPLIANCES, INC., an Ohio corporation whose principal office is located at c/o Viceo <br />President - Finance, REX Stores Corporation, 2875 Needmore Road, Dayton, OH 45414 (� ° <br />( "Borrower "), to AMERICAN FAMILY LIFE INSURANCE COMPANY, an insurance \ <br />corporation organized and existing under the laws of the State of Wisconsin, whose address is <br />Investment Division, 6000 American Parkway, Madison, WI 53783 -0001 ( "American Family "). <br />FOR VALUE RECEIVED, Borrower grants, transfers and assigns to American <br />Family: (a) all of the right, title and interest of Borrower in and to any and all leases and any <br />other agreements granting a possessory interest in the real property described in Exhibit A attached <br />hereto (the "Premises "), together with any amendments or addenda to such leases and agreements <br />and including any guarantees of such agreements, now or hereafter entered into, whether oral or <br />written, (each such lease and related agreements and guarantees shall be referred to collectively <br />hereafter as a "Lease "); (b) any and all extensions and renewals thereof; (c) the immediate and <br />continuing right to collect and receive all rents, expense reimbursements or other income, <br />payments and profits arising out of any Lease or out of the Premises or any part thereof <br />( "Rents "); (d) the right to all proceeds payable to Borrower pursuant to any purchase options, <br />if any, on the part of any Tenant under any Lease; and (e) all payments derived from any Lease <br />including but not limited to claims for the recovery of damages done to the Premises or for the <br />abatement of any nuisance existing thereon, claims for damages resulting from default under any <br />Lease whether resulting from acts of insolvency or acts of bankruptcy or otherwise, and lump sum <br />payments for the cancellation of any Lease or the waiver of any obligation or term thereof prior <br />to the expiration date, and the return of any insurance premiums or ad valorem tax payments made <br />in advance and subsequently refunded, all for the purpose of securing the following: <br />(a) Payment of the Indebtedness evidenced by the Note, including any <br />extensions or renewals thereof, in the principal sum of Five Million Six Hundred Fifty Thousand <br />and No /100 Dollars ($5,650,000.00) dated of even date herewith, executed and delivered by <br />Borrower payable to the order of American Family secured, inter alia, by the Trust Deed, <br />Security Agreement and Fixture Financing Statement, dated of even date herewith, granted by <br />Borrower to American Family upon the Premises, and recorded in the County of Hall, State of <br />Nebraska (the "Trust Deed "). <br />