|
w
<br />DATE AND PARTIES. The date of this Assignment of Leases and Rents (Assignment) is June 11, 2002. The
<br />parties and their addresses are: o
<br />ASSIGNOR:
<br />PHARMACY PROPERTIES, L.L.C.
<br />A Nebraska Limited Liability Company
<br />Vested in the Following Manner: A Nebraska Limited Liability Company
<br />605 East Frances
<br />North Platte, Nebraska 69101
<br />LENDER:
<br />FIRST NATIONAL BANK NORTH PLATTE
<br />Organized and existing under the laws of the United States of America
<br />P.O. Box 10
<br />201 North Dewey
<br />North Platte, Nebraska 69103
<br />TIN: 47- 0254665
<br />1. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Assignment at any one time will
<br />net exccsd $2,500,000.00. ThiS !imitation of amount does not include interest and other fees and charges
<br />validly made pursuant to this Assignment. Also, this limitation does not apply to advances made under the
<br />terms of this Assignment to protect Lender's security and to perform any of the covenants contained in this
<br />Assignment.
<br />2. SECURED DEBTS. This Assignment will secure the following Secured Debts:
<br />A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and
<br />replacements. A promissory note, No. 12, dated June 11, 2002, from Assignor to Lender, with a loan
<br />amount of $2,500,000.00 with an interest rate of 6.5 percent per year. One or more of the debts secured
<br />by this Assignment contains a future advance provision.
<br />B. All Debts. All present and future debts from Assignor to Lender, even if this Assignment is not
<br />specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more than
<br />one person signs this Assignment, each agrees that it will secure debts incurred either individually or with
<br />others who may not sign this Assignment. Nothing in this Assignment constitutes a commitment to make
<br />additional or future loans or advances. Any such commitment must be in writing. In the event that Lender
<br />fails to provide any required notice of the right of rescission, Lender waives any subsequent security interest
<br />in the Assignor's principal dwelling that is created by this Assignment. This Assignment will not secure any
<br />debt for which a non - possessory, non - purchase money security interest is created in "household goods" in
<br />connection with a "consumer loan," as those terms are defined by federal law governing unfair and deceptive
<br />credit practices. This Assignment will not secure any debt for which a security interest is created in "margin
<br />stock" and Lender does not obtain a "statement of purpose," as defined and required by federal law
<br />governing securities.
<br />C. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this
<br />Assignment.
<br />3. ASSIGNMENT OF LEASES AND RENTS. For good and valuable consideration, the receipt and sufficiency of
<br />which is acknowledged, and to secure the Secured Debts and Assignor's performance under this Assignment,
<br />Assignor assigns, grants and conveys to Lender as additional security all the right, title and interest in the
<br />following (all referred to as Property).
<br />A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for
<br />the use and occupancy of the Property, including any extensions, renewals, modifications or replacements
<br />(all referred to as Leases).
<br />B. Rents, issues and profits (all referred to as Rents), including but not limited to security deposits, minimum
<br />rent, percentage rent, additional rent, common area maintenance charges, parking charges, real estate taxes,
<br />other applicable taxes, insurance premium contributions, liquidated damages following default, cancellation
<br />premiums, "loss of rents" insurance, guest receipts, revenues, royalties, proceeds, bonuses, accounts,
<br />Pharmacy Properties, L.L.C.
<br />Nebraska Assignment of Leases and Rents Initials
<br />NEf 4XX X1088100600000003652062061102y ®1996 Bankers Systems, Inc., St. Cloud, MN EK15E_ Page 1
<br />CA
<br />t
<br />A
<br />n
<br />c n x
<br />n L
<br />C
<br />n
<br />O
<br />x
<br />a o
<br />�>
<br />N
<br />T
<br />cq
<br />co
<br />QZ
<br />-
<br />N
<br />�
<br />CD
<br />QI)
<br />�n
<br />v I
<br />m
<br />N
<br />C=)
<br />O
<br />7�
<br />co
<br />N
<br />C7-)
<br />N
<br />Q
<br />Space Above This Line For Recording Data
<br />ASSIGNMENT OF LEASES AND
<br />RENTS
<br />w
<br />DATE AND PARTIES. The date of this Assignment of Leases and Rents (Assignment) is June 11, 2002. The
<br />parties and their addresses are: o
<br />ASSIGNOR:
<br />PHARMACY PROPERTIES, L.L.C.
<br />A Nebraska Limited Liability Company
<br />Vested in the Following Manner: A Nebraska Limited Liability Company
<br />605 East Frances
<br />North Platte, Nebraska 69101
<br />LENDER:
<br />FIRST NATIONAL BANK NORTH PLATTE
<br />Organized and existing under the laws of the United States of America
<br />P.O. Box 10
<br />201 North Dewey
<br />North Platte, Nebraska 69103
<br />TIN: 47- 0254665
<br />1. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Assignment at any one time will
<br />net exccsd $2,500,000.00. ThiS !imitation of amount does not include interest and other fees and charges
<br />validly made pursuant to this Assignment. Also, this limitation does not apply to advances made under the
<br />terms of this Assignment to protect Lender's security and to perform any of the covenants contained in this
<br />Assignment.
<br />2. SECURED DEBTS. This Assignment will secure the following Secured Debts:
<br />A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and
<br />replacements. A promissory note, No. 12, dated June 11, 2002, from Assignor to Lender, with a loan
<br />amount of $2,500,000.00 with an interest rate of 6.5 percent per year. One or more of the debts secured
<br />by this Assignment contains a future advance provision.
<br />B. All Debts. All present and future debts from Assignor to Lender, even if this Assignment is not
<br />specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more than
<br />one person signs this Assignment, each agrees that it will secure debts incurred either individually or with
<br />others who may not sign this Assignment. Nothing in this Assignment constitutes a commitment to make
<br />additional or future loans or advances. Any such commitment must be in writing. In the event that Lender
<br />fails to provide any required notice of the right of rescission, Lender waives any subsequent security interest
<br />in the Assignor's principal dwelling that is created by this Assignment. This Assignment will not secure any
<br />debt for which a non - possessory, non - purchase money security interest is created in "household goods" in
<br />connection with a "consumer loan," as those terms are defined by federal law governing unfair and deceptive
<br />credit practices. This Assignment will not secure any debt for which a security interest is created in "margin
<br />stock" and Lender does not obtain a "statement of purpose," as defined and required by federal law
<br />governing securities.
<br />C. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this
<br />Assignment.
<br />3. ASSIGNMENT OF LEASES AND RENTS. For good and valuable consideration, the receipt and sufficiency of
<br />which is acknowledged, and to secure the Secured Debts and Assignor's performance under this Assignment,
<br />Assignor assigns, grants and conveys to Lender as additional security all the right, title and interest in the
<br />following (all referred to as Property).
<br />A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for
<br />the use and occupancy of the Property, including any extensions, renewals, modifications or replacements
<br />(all referred to as Leases).
<br />B. Rents, issues and profits (all referred to as Rents), including but not limited to security deposits, minimum
<br />rent, percentage rent, additional rent, common area maintenance charges, parking charges, real estate taxes,
<br />other applicable taxes, insurance premium contributions, liquidated damages following default, cancellation
<br />premiums, "loss of rents" insurance, guest receipts, revenues, royalties, proceeds, bonuses, accounts,
<br />Pharmacy Properties, L.L.C.
<br />Nebraska Assignment of Leases and Rents Initials
<br />NEf 4XX X1088100600000003652062061102y ®1996 Bankers Systems, Inc., St. Cloud, MN EK15E_ Page 1
<br />
|