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M = <br />�^ rta U <br />n_ +� Z <br />> <br />M (A <br />C) a <br />p �- <br />A 3o I <br />CID <br />t'a <br />` N <br />CD <br />! t <br />c> cn <br />o _a <br />M <br />-� o <br />o � <br />T n� <br />r- U� <br />O <br />N <br />O tom. <br />ry � <br />f � <br />va <br />I� J� <br />E� <br />0 <br />WHEN RECORDED MAIL TO: <br />Bankers Trust Company, N.A. <br />Attn: Loan Documentation <br />P.O. Box 897 <br />Des Moines, IA 50304 -0897 FOR RECORDER'S USE ONLY <br />ASSIGNMENT OF RENTS <br />THIS ASSIGNMENT OF RENTS dated October 24, 2002, is made and executed between Stetson Building <br />Products, Inc., whose address is 510 SW 9th Street, Des Moines, IA 50309 (referred to below as "Grantor ") <br />and Bankers Trust Company, N.A., whose address is 665 Locust St, P.O. Box 897, Des Moines, IA <br />50304 -0897 (referred to below as "Lender "). <br />ASSIGNMENT. For valuable consideration, Grantor hereby assigns, grants a continuing security interest in, and <br />conveys to Lender all of Grantor's right, title, and interest in and to the Rents from the following described <br />Property located in Hall County, State of Nebraska: <br />Lot One (1) Starostka Subdivision, in the City of Grand Island, Hall County, Nebraska <br />The Property or its address is commonly known as 456 Industrial Lane, Grand Island, NE 68803. <br />THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL <br />OBLIGATIONS OF GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS. THIS ASSIGNMENT IS GIVEN <br />AND ACCEPTED ON THE FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Assignment or any Related Documents, Grantor shall pay to Lender <br />all amounts secured by this Assignment as they become due, and shall strictly perform all of Grantor's obligations under this Assignment. <br />Unless and until Lender exercises its right to collect the Rents as provided below and so long as there is no default under this Assignment, <br />Grantor may remain in possession and control of and operate and manage the Property and collect the Rents, provided that the granting of <br />the right to collect the Rents shall not constitute Lender's consent to the use of cash collateral in a bankruptcy proceeding. <br />GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: <br />Ownership. Grantor is entitled to receive the Rents free and clear of all rights, loans, liens, encumbrances, and claims except as <br />disclosed to and accepted by Lender in writing. <br />Right to Assign. Grantor has the full right, power and authority to enter into this Assignment and to assign and convey the Rents to <br />Lender. <br />No Prior Assignment. Grantor has not previously assigned or conveyed the Rents to any other person by any instrument now in force. <br />No Further Transfer. Grantor will not sell, assign, encumber, or otherwise dispose of any of Grantor's rights in the Rents except as <br />provided in this Assignment. <br />LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS. Lender shall have the right at any time, and even though no default shall have <br />occurred under this Assignment, to collect and receive the Rents. For this purpose, Lender is hereby given and granted the following <br />rights, powers and authority: <br />Notice to Tenants. Lender may send notices to any and all tenants of the Property advising them of this Assignment and directing all <br />Rents to be paid directly to Lender or Lender's agent. <br />Enter the Property. Lender may enter upon and take possession of the Property; demand, collect and receive from the tenants or from <br />any other persons liable therefor, all of the Rents; institute and carry on all legal proceedings necessary for the protection of the <br />Property, including such proceedings as may be necessary to recover possession of the Property; collect the Rents and remove any <br />tenant or tenants or other persons from the Property. <br />Maintain the Property. Lender may enter upon the Property to maintain the Property and keep the same in repair; to pay the costs <br />thereof and of all services of all employees, including their equipment, and of all continuing costs and expenses of maintaining the <br />Property in proper repair and condition, and also to pay all taxes, assessments and water utilities, and the premiums on fire and other <br />insurance effected by Lender on the Property. <br />Compliance with Laws. Lender may do any and all things to execute and comply with the laws of the State of Nebraska and also all <br />other laws, rules, orders, ordinances and requirements of all other governmental agencies affecting the Property. <br />Lease the Property. Lender may rent or lease the whole or any part of the Property for such term or terms and on such conditions as <br />Lender may deem appropriate. <br />Employ Agents. Lender may engage such agent or agents as Lender may deem appropriate, either in Lender's name or in Grantor's <br />name, to rent and manage the Property, including the collection and application of Rents. <br />Other Acts. Lender may do all such other things and acts with respect to the Property as Lender may deem appropriate and may act <br />exclusively and solely in the place and stead of Grantor and to have all of the powers of Grantor for the purposes stated above. <br />No Requirement to Act. Lender shall not be required to do any of the foregoing acts or things, and the fact that Lender shall have <br />performed one or more of the foregoing acts or things shall not require Lender to do any other specific act or thing. <br />APPLICATION OF RENTS. All costs and expenses incurred by Lender in connection with the Property shall be for Grantor's account and <br />Lender may pay such costs and expenses from the Rents. Lender, in its sole discretion, shall determine the application of any and all Rents <br />received by it; however, any such Rents received by Lender which are not applied to such costs and expenses shall be applied to the <br />Indebtedness. All expenditures made by Lender under this Assignment and not reimbursed from the Rents shall become a part of the <br />Indebtedness secured by this Assignment, and shall be payable on demand, with interest at the Note rate from data of expenditure until <br />paid. <br />FULL PERFORMANCE. If Grantor pays all of the Indebtedness when due and otherwise performs all the obligations imposed upon Grantor <br />under this Assignment, the Note, and the Related Documents, Lender shall execute and deliver to Grantor a suitable satisfaction of this <br />Assignment and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and <br />the Property. Any termination fee required by law shall be paid by Grantor, if permitted by applicable law. <br />