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to <br />[ °A9 <br />SPACE ABOVE RESERVED FOR RECORDER'S USE <br />ASSIGNMENT OF LEASES AND RENTS <br />1-n <br />O = <br />N � <br />O � <br />O. <br />O n <br />W <br />O :3 <br />Co 2 <br />co 3 <br />CD <br />N r-t• <br />z <br />a <br />Loan No. 08000361181 -01 <br />FOR VALUE RECEIVED, BNS PROPERTY III, L.L.C., a Nebraska limited liability <br />company, whose address is 10727 M Street, Omaha, Nebraska 68127 ( "Assignor "), hereby <br />grants, transfers, and assigns to FIRST NATIONAL BANK OF OMAHA, whose address is One <br />First National Center, 1620 Dodge Street, Omaha, Nebraska 68197 ( "Assignee "), the entire <br />interest of Assignor as Lessor in and to all leases, subleases, licenses, concessions, or other <br />agreements now existing and hereafter entered into (collectively "Leases ") for all or any part of <br />the real property located in Hall County, Nebraska, more particularly described as on Exhibit <br />"A" attached hereto ( "Property "), together with all rents, income, issues, and profits arising <br />therefrom, and any renewals and modifications thereof, and together with all rents, income, <br />issues, and profits arising from the use and occupation of the Property and from any property <br />covered by the Leases, whether real, personal, mixed or intangible. <br />This Assignment is intended to be, and shall be construed as, creating an absolute <br />assignment unto Assignee, and not as an assignment as security, and to such extent shall be <br />unconditional and irrevocable except as hereinafter provided to the contrary. In connection with <br />and as a part of this Assignment, Assignor hereby warrants, represents, and agrees to and with <br />Assignee as follows: <br />1. Assignee Rights. Assignor has contemporaneously herewith executed and <br />delivered to Assignee a certain Promissory Note in the principal amount of Two Million Six <br />Hundred Forty -Eight Thousand Dollars ($2,648,000.00) ( "Note "). In order to secure payment of <br />the Note, Assignor, as trustor, has contemporaneously herewith executed a certain Deed of Trust, <br />Assignment of Rents and Security Agreement to First National Bank of Omaha, Trustee, in favor <br />of Assignee as Beneficiary ( "Deed of Trust "). Unless and until there shall have occurred an <br />event of default in the performance by Assignor of any of its duties or obligations, including, but <br />without limitation, the payment of money, arising under the Note or the Deed of Trust, Assignor <br />is hereby granted a revocable license and may collect at the time of, but in no event more than <br />one (1) month before, the date provided for payment, all rents, income, issues, and profits arising <br />under the Leases and retain the use of and enjoy the same subject to the provisions contained in <br />the Deed of Trust. Upon or at any time after the occurrence of any such event of default which is <br />not cured within any applicable cure period, Assignee may, at its option, by giving written notice <br />-1- <br />I <br />D <br />ry <br />C= <br />N <br />a <br />��•� <br />.c <br />O -1 <br />C 1> <br />rri <br />-4 <br />i`r <br />Z <br />o " <br />`J -n <br />SPACE ABOVE RESERVED FOR RECORDER'S USE <br />ASSIGNMENT OF LEASES AND RENTS <br />1-n <br />O = <br />N � <br />O � <br />O. <br />O n <br />W <br />O :3 <br />Co 2 <br />co 3 <br />CD <br />N r-t• <br />z <br />a <br />Loan No. 08000361181 -01 <br />FOR VALUE RECEIVED, BNS PROPERTY III, L.L.C., a Nebraska limited liability <br />company, whose address is 10727 M Street, Omaha, Nebraska 68127 ( "Assignor "), hereby <br />grants, transfers, and assigns to FIRST NATIONAL BANK OF OMAHA, whose address is One <br />First National Center, 1620 Dodge Street, Omaha, Nebraska 68197 ( "Assignee "), the entire <br />interest of Assignor as Lessor in and to all leases, subleases, licenses, concessions, or other <br />agreements now existing and hereafter entered into (collectively "Leases ") for all or any part of <br />the real property located in Hall County, Nebraska, more particularly described as on Exhibit <br />"A" attached hereto ( "Property "), together with all rents, income, issues, and profits arising <br />therefrom, and any renewals and modifications thereof, and together with all rents, income, <br />issues, and profits arising from the use and occupation of the Property and from any property <br />covered by the Leases, whether real, personal, mixed or intangible. <br />This Assignment is intended to be, and shall be construed as, creating an absolute <br />assignment unto Assignee, and not as an assignment as security, and to such extent shall be <br />unconditional and irrevocable except as hereinafter provided to the contrary. In connection with <br />and as a part of this Assignment, Assignor hereby warrants, represents, and agrees to and with <br />Assignee as follows: <br />1. Assignee Rights. Assignor has contemporaneously herewith executed and <br />delivered to Assignee a certain Promissory Note in the principal amount of Two Million Six <br />Hundred Forty -Eight Thousand Dollars ($2,648,000.00) ( "Note "). In order to secure payment of <br />the Note, Assignor, as trustor, has contemporaneously herewith executed a certain Deed of Trust, <br />Assignment of Rents and Security Agreement to First National Bank of Omaha, Trustee, in favor <br />of Assignee as Beneficiary ( "Deed of Trust "). Unless and until there shall have occurred an <br />event of default in the performance by Assignor of any of its duties or obligations, including, but <br />without limitation, the payment of money, arising under the Note or the Deed of Trust, Assignor <br />is hereby granted a revocable license and may collect at the time of, but in no event more than <br />one (1) month before, the date provided for payment, all rents, income, issues, and profits arising <br />under the Leases and retain the use of and enjoy the same subject to the provisions contained in <br />the Deed of Trust. Upon or at any time after the occurrence of any such event of default which is <br />not cured within any applicable cure period, Assignee may, at its option, by giving written notice <br />-1- <br />I <br />ry <br />C) Cf) <br />��•� <br />.c <br />O -1 <br />C 1> <br />rri <br />-4 <br />o " <br />`J -n <br />N <br />v� <br />W <br />Cn <br />SPACE ABOVE RESERVED FOR RECORDER'S USE <br />ASSIGNMENT OF LEASES AND RENTS <br />1-n <br />O = <br />N � <br />O � <br />O. <br />O n <br />W <br />O :3 <br />Co 2 <br />co 3 <br />CD <br />N r-t• <br />z <br />a <br />Loan No. 08000361181 -01 <br />FOR VALUE RECEIVED, BNS PROPERTY III, L.L.C., a Nebraska limited liability <br />company, whose address is 10727 M Street, Omaha, Nebraska 68127 ( "Assignor "), hereby <br />grants, transfers, and assigns to FIRST NATIONAL BANK OF OMAHA, whose address is One <br />First National Center, 1620 Dodge Street, Omaha, Nebraska 68197 ( "Assignee "), the entire <br />interest of Assignor as Lessor in and to all leases, subleases, licenses, concessions, or other <br />agreements now existing and hereafter entered into (collectively "Leases ") for all or any part of <br />the real property located in Hall County, Nebraska, more particularly described as on Exhibit <br />"A" attached hereto ( "Property "), together with all rents, income, issues, and profits arising <br />therefrom, and any renewals and modifications thereof, and together with all rents, income, <br />issues, and profits arising from the use and occupation of the Property and from any property <br />covered by the Leases, whether real, personal, mixed or intangible. <br />This Assignment is intended to be, and shall be construed as, creating an absolute <br />assignment unto Assignee, and not as an assignment as security, and to such extent shall be <br />unconditional and irrevocable except as hereinafter provided to the contrary. In connection with <br />and as a part of this Assignment, Assignor hereby warrants, represents, and agrees to and with <br />Assignee as follows: <br />1. Assignee Rights. Assignor has contemporaneously herewith executed and <br />delivered to Assignee a certain Promissory Note in the principal amount of Two Million Six <br />Hundred Forty -Eight Thousand Dollars ($2,648,000.00) ( "Note "). In order to secure payment of <br />the Note, Assignor, as trustor, has contemporaneously herewith executed a certain Deed of Trust, <br />Assignment of Rents and Security Agreement to First National Bank of Omaha, Trustee, in favor <br />of Assignee as Beneficiary ( "Deed of Trust "). Unless and until there shall have occurred an <br />event of default in the performance by Assignor of any of its duties or obligations, including, but <br />without limitation, the payment of money, arising under the Note or the Deed of Trust, Assignor <br />is hereby granted a revocable license and may collect at the time of, but in no event more than <br />one (1) month before, the date provided for payment, all rents, income, issues, and profits arising <br />under the Leases and retain the use of and enjoy the same subject to the provisions contained in <br />the Deed of Trust. Upon or at any time after the occurrence of any such event of default which is <br />not cured within any applicable cure period, Assignee may, at its option, by giving written notice <br />-1- <br />I <br />