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<br />contract rights, general intangibles, and all rights and claims which Assignor may have regarding the
<br />Property.
<br />C. The term Property as used in this Assignment shall include the following described real property:
<br />Lot 1, Fairacres Second Addition to the City of Columbus, Platte County, Nebraska;
<br />AND
<br />The West 10 Feet of the North 40 feet, and the South 100 feet of Lot 10, except the West 8 feet 11 inches
<br />of the South 33 feet 10 inches and
<br />The South 100 feet of the West 45 feet, and the South 76 feet of the East 5 feet of Lot 11 and
<br />The South 76 feet of Lot 12 all in Block 35 Original Town of Lexington, Dawson County, Nebraska;
<br />AND
<br />Lot Seven (7), Block Nine (9), Nebraska City, Otoe County, Nebraska;
<br />AND
<br />Lots 5 & 6, Block 16, Calvert's First Addition to Auburn, Nemaha County, Nebraska;
<br />AND
<br />Lot 7 and 8, Block 131, Original Town of North Platte, Lincoln County, Nebraska;
<br />AND
<br />Lot Two (2), Richmond Second Subdivision, in the City of Grand Island, Hall County, Nebraska
<br />The property is located in Lincoln County at 605 East Frances, North Platte, Nebraska 69101.
<br />In the event any item listed as Leases or Rents is determined to be personal property, this Assignment will also
<br />be regarded as a security agreement.
<br />4. PAYMENTS. Assignor agrees that all payments under the Secured Debts will be paid when due and in
<br />accordance with the terms of the Secured Debts and this Assignment.
<br />5. COLLECTION OF RENTS. Assignor may collect, receive, enjoy and use the Rents so long as Assignor is not
<br />in default. Assignor will not collect in advance any Rents due in future lease periods, unless Assignor first
<br />obtains Lender's written consent.
<br />Upon default, Assignor will receive any Rents in trust for Lender and Assignor will not commingle the Rents
<br />with any other funds. When Lender so directs, Assignor will endorse and deliver any payments of Rents from
<br />the Property to Lender. Amounts collected will be applied at Lender's discretion to the Secured Debts, the
<br />costs of managing, protecting and preserving the Property, and other necessary expenses.
<br />Assignor agrees that this Assignment is immediately effective between Assignor and Lender and effective as to
<br />third parties on the recording of this Assignment.
<br />6. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitted by law,
<br />Assignor agrees to pay all expenses of collection, enforcement or protection of Lender's rights and remedies
<br />under this Assignment. Assignor agrees to pay expenses for Lender to inspect and preserve the Property and
<br />for any recordation costs of releasing the Property from this Assignment. Expenses include, but are not limited
<br />to, attorneys' fees, court costs and other legal expenses. These expenses are due and payable immediately. If
<br />not paid immediately, these expenses will bear interest from the date of payment until paid in full at the highest
<br />interest rate in effect as provided for in the terms of the Secured Debts. To the extent permitted by the United
<br />States Bankruptcy Code, Assignor agrees to pay the reasonable attorneys' fees Lender incurs to collect the
<br />Secured Debts as awarded by any court exercising jurisdiction under the Bankruptcy Code.
<br />7. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law
<br />means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act
<br />(CERCLA), all other federal, state and local laws, regulations, ordinances, court orders, attorney general
<br />opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous
<br />substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant
<br />or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the
<br />public health, safety, welfare or environment. The term includes, without limitation, any substances defined as
<br />"hazardous material," "toxic substance," "hazardous waste," "hazardous substance," or "regulated substance"
<br />under any Environmental Law.
<br />Assignor represents, warrants and agrees that:
<br />A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance has been,
<br />is, or will be located, transported, manufactured, treated, refined, or handled by any person on, under or
<br />about the Property, except in the ordinary course of business and in strict compliance with all applicable
<br />Environmental Law.
<br />Pharmacy Properties, L.L.C.
<br />Nebraska Assignment of Leases and Rents Initials
<br />NE1 4XXX106a100600000003652062061102Y 01996 Bankers Systems, Inc., St. Cloud, MN F� Page 2
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