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1 <br />C_ ?-I °`> <br />ECK <br />l3Vd1S9b •I• <br />INST Z'On 0 2 - 1 <br />WHEN RECORDED MAIL TO: <br />BRUNING BANK <br />GRAND ISLAND LOCATION <br />601 N WEBB RD/PO BOX 1109 <br />GRAND ISLAND. NE 68803 <br />REFUNDS: <br />CASH <br />CHECK <br />RED."tt7ED <br />HALL Cr:''NTY NE <br />1D1b 14AI - I 4J 3: 19 <br />ttiizl i I WOLD <br />REGISTER OF DEEDS <br />FOR RECORDER'S USE ONLY <br />ASSIGNMENT OF RENTS <br />THIS ASSIGNMENT OF RENTS dated May 1, 2026, is made and executed between MARSH <br />PROPERTIES II, L.L.C.; A NEBRASKA LIMITED LIABILITY COMPANY (referred to below as <br />"Grantor") and BRUNING BANK, whose address is 601 N WEBB RD/PO BOX 1109, GRAND <br />ISLAND, NE 68803 (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 Five (5), Six (6), Seven (7) and Eight (8), Block Fourteen (14), Lambert's Addition, and <br />the Easterly Forty Feet (40') of the Southerly One Hundred Thirty Two Feet (132') of <br />vacated Superior Street between 5th and 6th Street to the City of Grand Island, Hall <br />County, Nebraska. <br />The Property or its address is commonly known as 1304, 1310, 1316, AND 1324 EAST 5TH <br />ST, GRAND ISLAND, NE 68801. The Property tax identification number is 400058774 & <br />400058782. <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 />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 />whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts <br />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 />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; however, in no event shall such future advances (excluding interest) exceed <br />in the aggregate $1,665,000.00. <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 />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 />Rents except as provided in this Assignment. <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 />