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<br />200301102
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<br />Assignment of Leases
<br />and Rents
<br />(Nebraska)
<br />O
<br />This "I'le mem rs made this _Samar 22 2003
<br />__
<br />,between
<br />Enterorise�
<br />(the -Assignor"), alnl Co r .oration
<br />-
<br />- -
<br />"'- -'-
<br />_ Wells FaxKO Bank Nebraska, N.A.
<br />__
<br />and
<br />'-
<br />fthe "Assignee "), a national banking association.
<br />_
<br />-
<br />FXJ The Assignor has executed and delivered to the Assignee its
<br />promissory note dated
<br />10/20/2000
<br />in the original
<br />principal amount of $ 35, 625.00 and any extensions, renewals or
<br />modifications thereof Ithe "Note ").
<br />The Assignor has executed and delivered to the Assignee its
<br />guaranty dated
<br />the benefit of
<br />_
<br />in favor of
<br />the Assignee for
<br />(file "Borrower ") in the amount o/ S ,__ and any replacements or subst stem, thereof (the "G .... ly ")
<br />To secure pa yerent of the obligation derscribnt above (the "Obligation "), the Assignor has executed and delivered to the Assignee a
<br />deed of trust l "Deed of Trust "I dated 10/ 20/2000 , covering certain property I "Trust Property ") including, among other things,
<br />the oral estare r/escribed er the suachad Exhibit A antl the bui /dings, improvements, fixtures and personal properly now or in lire future
<br />located thereon.
<br />The Assignee has required file execution of ibis Assignment as a condition In making or accepting the Obligation.
<br />ACCORDINGLY, in consideration of the premises and other goad and valuable consideration, the Assignor does hereby grant, transfer
<br />and assign to the Assignee all of the Assignor's right, title and interest in and to N any and all present or future leases or tenancies, whether
<br />wramn or oral, covering or affecting any or all of the Trust Property, together with any and all extensions, modifications and renewals Hereof
<br />leach, a "L ease" and collectively, the 'Leases"), and (ii) all rents, pm /its and other income or payments of any kind due or payable or to
<br />become due or payable to tree Assignor as the result of an y use, possession or occupancy of all or an y portion of the Trust Property or as the
<br />result of the use of or lease of any personal property constituting a part of the Trust Property, whether accruing before or alter foreclosure of
<br />the Deed of Trust or during the period of redemption thereof !Bents "), all for the purpose o /securing (a) payment of all indebtedness
<br />evidenced by the Obligation and all other sums secured by the Deed of Trust, and do performance and discharge of each and every
<br />Obligation, covenant and agreement of the Assignor contained herein and in the Deed of Trust.
<br />The Assignor warrants and co venture that Assignor is and will remain the absolute owner of the Rents and Leases tree and clear of all
<br />liens and encumbrances other than the lien granted herein, that Assignor has not previously assigned or otherwise encumbered the
<br />Assignor's eforesI in any of the Rents or Leases to any other person; that Assignor has the right under applicable law. under the Leases and
<br />otherwise to execute and deliver this Assignment and to keep and perform all oblige lions hereunder, and that Assignor will warrant and
<br />defend the Leases and Rents against all adverse claims, whether now existing or later arising.
<br />The Assignor further covenants and agrees as follows:
<br />1. PERFORMANCE OF L EASES. The Assignor will faithfully abide by, perform and discharge each and every obligation, covenant and
<br />agrecomad which it now is or hereafter becomes liable to observe or perform under any present or future Lease, and, at the Assllos is
<br />sole cost and expense, will enforce or secure the performance of each and every obligation, under each and every Lease. The Assignor
<br />will observe and comply with all provisions of law applicable to the operation and ownership of the Trust Property, The Assignor will give
<br />prompt written notice to the Assignee of any notice of delault on the part of the Assignor with respect to the Lease received from the
<br />tenant thereunder, and will also at Assignor's sole cost and expense, appear in and defend an y action or proceeding arising under,
<br />growing out of or in any manner connected with any Lease or the obligations, duties or liabilities of the Assignor or an y tenant !hereunder.
<br />The Assigner will not lease or otherwise permit the use of all or an y portion of the Trust Property for run that is below the fair market
<br />rent /or such property.
<br />2. COLLECTION OF RENTS IN ADVANCE The Assignor will not called or accept an y Rents for the use or occupancy of the Trust Properly
<br />/or more than one month in advance. Security deposits shall not be deemed Rents for purposes of this paragraph.
<br />3. PROTECTING THE SECURITY OF THIS ASSIGNMENT Should the Assignor fail to perform or observe any covenant or agreement
<br />contained or this Assignment, than the Assignee may (but shall have no obligation to) make or do the same in such manner and to such
<br />extent as the Assignee may deem appropriate to protect the security hereof. The rights of the Assignee hereunder shall include but not
<br />be logical to ill the right to appear in and defend any action or proceeding purporting to affect the security hereof or the rights or To was
<br />cI nie.Assionee, lc pertwm rmd d"Icn- g P
<br />) the ght, ro ge ooch and every Obligation, n, covenant and necessary cost of the Assignor contained ir;
<br />die Lease, and /iii! the right, in exercising any o/ the other rights granted hereunder, m pay necessary costs and expenses, employ
<br />counsel antl VaY reasonab /e attorneys' fees. The Assignor shall pay con demand all sums extended by the Assignee pursuant to this
<br />paragraph, together with interest thereon at the rate stated by the Note or the rate stated in the most recent obligation covered by lie
<br />Guaranty, and the same shall be added to the Obligation secured hereby and by the Deed o/ Trust.
<br />4. PRESENT ASSIGNMENT. This Assignment shall constitute a perfected, absolute and present assignment; provided that the Assignor shall
<br />have the right to collect all of the Rents !subject to the Section entitled "Collection of Rents in Advance ") and to retain, use and enjoy the
<br />some until an Event of Default occurs under the Deed of Trust or the Assignor breaches any warranty or covenant contained in this
<br />Assignment, Any Rents accruing prior to an Event of Default under the Deed of Trust but paid thereafter shall be paid to the Assignee.
<br />5, SURVIVAL OF O ILIGA T/ON. This Assignment is given as security in addition to the Deed of Trust. All of be Assignor's obligations under
<br />the Deed of Trust and this Assignment shall survive foreclosure of the Deed of Trust. The Assignor shall observe and comply with all
<br />terms and conditions ...rained in the Deed of Trust and in this Assignment and shall preclude any Event of Default from occurring under
<br />the Deed of Trust during the period of redemption following foreclosure of the Deed of Trust.
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