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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 Eight (8) and Four (4), in Block Four (4) in College Addition to West Lawn, in the City of Grand Island, <br />Hall County, Nebraska. <br />The Property or its address is commonly known as 2415 & 2429 North Lafayette, Grand Island, NE 68803. <br />The Property tax identification number is 400033267 <br />THIS ASSIGNMENT IS GIVEN TO SECURE 111 PAYMENT OF THE INDEBTEDNESS AND 121 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 />red 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 <br />n v <br />rr9 <br />A <br />io N. <br />z <br />m <br />ry <br />io <br />A 9 <br />N <br />3 <br />r- A <br />V <br />v <br />W <br />Ail <br />WHEN RECORDED MAIL TO: <br />Minneapolis Loan Dos Center <br />Attn: Collateral Processing - Rep III <br />730 2nd Ave. South Suite 1000 <br />Minneapolis, MN 55479 <br />FOR RECORDER'S <br />USE ONLY <br />tr <br />IIIIIIIIIIIIIIIIIIIIIIINII�uIIII�h�II�pN�llll�Ullllllllllllllllllllllllllllllllllll <br />3� <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 Eight (8) and Four (4), in Block Four (4) in College Addition to West Lawn, in the City of Grand Island, <br />Hall County, Nebraska. <br />The Property or its address is commonly known as 2415 & 2429 North Lafayette, Grand Island, NE 68803. <br />The Property tax identification number is 400033267 <br />THIS ASSIGNMENT IS GIVEN TO SECURE 111 PAYMENT OF THE INDEBTEDNESS AND 121 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 />red 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 />