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ASSIGNMENT OF RENTS <br />THIS ASSIGNMENT OF RENTS dated December 16, 2002, is made and executed between LBE Family Limited <br />Partnership, a Nebraska Limited Partnership, whose address is 419 South Tilden, Grand Island, NE 68803 <br />(referred to below as "Grantor ") and Wells Fargo Bank Nebraska, National Association, whose address is 304 <br />W 3rd St. Grand Island, NE 68801 (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 />Lots One (1) and Two (2), in Block Four (4) in College Addition to West Lawn, in the City of Grand Island, <br />Hell County, Nebraska. <br />The Property or its address is commonly known as 2103, 2109 & 2115 West Capital, Grand Island, NE <br />68803. The Property tax identification number is 400033267 <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 9eculad by this Assignment as they become due, and shell 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 5 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 />c to <br />o <br />� <br />m <br />T <br />n <br />j ,,' <br />r✓ <br />o -., <br />o <br />C <br />W <br />In <br />X <br />us <br />s <br />N <br />3 <br />r n <br />S <br />\ <br />A <br />•.a <br />� <br />to <br />tr <br />N <br />m <br />� <br />WHEN RECORDED MAIL TO: <br />Minneapolis Loan Ops Center <br />Attn: Collateral Processing - Rep III <br />730 2ntl Ave. South Suite 1000 <br />M' I' MN 56479 <br />FOR RECORDER'S USE ONLY <br />I VIII <br />IIII <br />II <br />IIII I RI <br />I <br />ylCo <br />II III <br />00000000000000090 <br />ASSIGNMENT OF RENTS <br />THIS ASSIGNMENT OF RENTS dated December 16, 2002, is made and executed between LBE Family Limited <br />Partnership, a Nebraska Limited Partnership, whose address is 419 South Tilden, Grand Island, NE 68803 <br />(referred to below as "Grantor ") and Wells Fargo Bank Nebraska, National Association, whose address is 304 <br />W 3rd St. Grand Island, NE 68801 (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 />Lots One (1) and Two (2), in Block Four (4) in College Addition to West Lawn, in the City of Grand Island, <br />Hell County, Nebraska. <br />The Property or its address is commonly known as 2103, 2109 & 2115 West Capital, Grand Island, NE <br />68803. The Property tax identification number is 400033267 <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 9eculad by this Assignment as they become due, and shell 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 5 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 />