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<br />After filing return to: Alan M. Wood. Erickson & Sederstrom._P.C., 301 So. 13 St., #400, Lincoln. NE 68508
<br />ASSIGNMENT OF LEASES AND RENTS C
<br />THIS ASSIGNMENT OF LEASES AND RENTS (as the same may be amended,
<br />modified or supplemented from time to time, the "Assignment "), dated as of the day of
<br />2004, from John R. Gunderson, Trustee of the JOCAR Living Trust
<br />(the `Assignor "), in favor of Nebraska Economic Development Corporation, a Nebraska
<br />nonprofit corporation (the "Assignee "), for further assignment by Assignee to the UNITED
<br />STATES SMALL BUSINESS ADMINISTRATION, an agency of the United States (the
<br />"SBA "), recites and provides:
<br />Assignee has agreed to make a loan to Assignor in the principal amount of Five Hundred
<br />Two Thousand and No /100 Dollars ($502,000.00) (the "Loan ") to provide financing for
<br />acquisition of the land described in Exhibit A hereto and the improvements thereon situated in
<br />the County of Hall, (collectively, the "Premises "). The Loan is evidenced by a promissory note
<br />of even date herewith (as the same may be amended, modified or supplemented from time to
<br />time (the "Note ") made by Assignor and payable to the order of Assignee in the principal amount
<br />of $502,000.00. The Note is secured, in part, by a deed of trust of even date herewith (as the
<br />same may be amended, modified or supplemented from time to time, (the "Deed of Trust ") from
<br />Assignor to Gregg Stratman, as trustee. Terms defined in the note and the Deed of Trust shall
<br />have the same defined meanings when used in this Assignment. As a condition to making the
<br />Loan, the Assignee has required an assignment to the Assignee and any subsequent holder of the
<br />Note of all leases (individually, a "Lease," and collectively, the "Leases ") of or relating to
<br />Assignor's interest in the Premises or any part thereof, now or hereafter existing, and all rents,
<br />issues and profits (the "Rents ") now or hereafter arising from Assignor's interest in the Premises
<br />or any part thereof, all in accordance with the terms and conditions set forth herein.
<br />NOW, THEREFORE, for and in consideration of the agreement of Assignee to make the
<br />Loan and as ADDITIONAL SECURITY for the payment of the Note, Assignor agrees as
<br />follows:
<br />1. Assignment of Leases. Assignor hereby assigns, transfers and set over to
<br />Assignee, and any subsequent holder of the Note, all Assignor's right, title and interest in and to
<br />all Leases and all renewals or extensions thereof, together with all the Rents, now existing or
<br />hereafter arising. Prior to the election of Assignee to collect the Rents upon the occurrence of an
<br />Event of Default under the Deed of Trust, Assignor shall have the right to collect and dispose of
<br />the Rents without restriction.
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<br />After filing return to: Alan M. Wood. Erickson & Sederstrom._P.C., 301 So. 13 St., #400, Lincoln. NE 68508
<br />ASSIGNMENT OF LEASES AND RENTS C
<br />THIS ASSIGNMENT OF LEASES AND RENTS (as the same may be amended,
<br />modified or supplemented from time to time, the "Assignment "), dated as of the day of
<br />2004, from John R. Gunderson, Trustee of the JOCAR Living Trust
<br />(the `Assignor "), in favor of Nebraska Economic Development Corporation, a Nebraska
<br />nonprofit corporation (the "Assignee "), for further assignment by Assignee to the UNITED
<br />STATES SMALL BUSINESS ADMINISTRATION, an agency of the United States (the
<br />"SBA "), recites and provides:
<br />Assignee has agreed to make a loan to Assignor in the principal amount of Five Hundred
<br />Two Thousand and No /100 Dollars ($502,000.00) (the "Loan ") to provide financing for
<br />acquisition of the land described in Exhibit A hereto and the improvements thereon situated in
<br />the County of Hall, (collectively, the "Premises "). The Loan is evidenced by a promissory note
<br />of even date herewith (as the same may be amended, modified or supplemented from time to
<br />time (the "Note ") made by Assignor and payable to the order of Assignee in the principal amount
<br />of $502,000.00. The Note is secured, in part, by a deed of trust of even date herewith (as the
<br />same may be amended, modified or supplemented from time to time, (the "Deed of Trust ") from
<br />Assignor to Gregg Stratman, as trustee. Terms defined in the note and the Deed of Trust shall
<br />have the same defined meanings when used in this Assignment. As a condition to making the
<br />Loan, the Assignee has required an assignment to the Assignee and any subsequent holder of the
<br />Note of all leases (individually, a "Lease," and collectively, the "Leases ") of or relating to
<br />Assignor's interest in the Premises or any part thereof, now or hereafter existing, and all rents,
<br />issues and profits (the "Rents ") now or hereafter arising from Assignor's interest in the Premises
<br />or any part thereof, all in accordance with the terms and conditions set forth herein.
<br />NOW, THEREFORE, for and in consideration of the agreement of Assignee to make the
<br />Loan and as ADDITIONAL SECURITY for the payment of the Note, Assignor agrees as
<br />follows:
<br />1. Assignment of Leases. Assignor hereby assigns, transfers and set over to
<br />Assignee, and any subsequent holder of the Note, all Assignor's right, title and interest in and to
<br />all Leases and all renewals or extensions thereof, together with all the Rents, now existing or
<br />hereafter arising. Prior to the election of Assignee to collect the Rents upon the occurrence of an
<br />Event of Default under the Deed of Trust, Assignor shall have the right to collect and dispose of
<br />the Rents without restriction.
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