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��.. -,., C-3 CD m a (A r � : c -� c_ f 17 CA N r N t71 CA co U'I C 1 QC] CL7 co CO C77 rt ASSIGNMENT OF LEASES AND RENTS THIS ASSIGNMENT OF LEASES AND RENTS (as the same may be amended, modified or supplemented from time to time, the "Assignment "), dated as of the --71_ day of 2005, from James Anthony Martinez, a single person (the "Assignor "), in fa or of Nebraska Economic Development Corporation, a Nebraska nonprofit corporation (the J "Assignee "), for further assignment by Assignee to the UNITED STATES SMALL BUSINESS ADMINISTRATION, an agency of the United States (the "SBA "), recites and provides: Assignee has agreed to make a loan to Assignor in the principal amount of Four Hundred Thirty Thousand and no /100ths Dollars ($430,000.00) (the "Loan ") to provide financing for acquisition of the land described in Exhibit A hereto and the improvements thereon situated in the County of Hall, (collectively, the "Premises "). The Loan is evidenced by a promissory note of even date herewith (as the same may be amended, modified or supplemented from time to time (the "Note ") made by Assignor and payable to the order of Assignee in the principal amount of $430,000.00. The Note is secured, in part, by a deed of trust of even date herewith (as the same may be amended, modified or supplemented from time to time, (the "Deed of Trust ") from Assignor to Gregg Stratman, as trustee. Terms defined in the note and the Deed of Trust shall have the same defined meanings when used in this Assignment. As a condition to making the Loan, the Assignee has required an assignment to the Assignee and any subsequent holder of the Note of all leases (individually, a "Lease," and collectively, the "Leases ") of or relating to Assignor's interest in the Premises or any part thereof, now or hereafter existing, and all rents, issues and profits (the "Rents ") now or hereafter arising from Assignor's interest in the Premises or any part thereof, all in accordance with the terms and conditions set forth herein. NOW, THEREFORE, for and in consideration of the agreement of Assignee to make the Loan and as ADDITIONAL SECURITY for the payment of the Note, Assignor agrees as follows: 1. Assignment of Leases. Assignor hereby assigns, transfers and set over to Assignee, and any subsequent holder of the Note, all Assignor's right, title and interest in and to all Leases and all renewals or extensions thereof, together with all the Rents, now existing or hereafter arising. Prior to the election of Assignee to collect the Rents upon the occurrence of an Event of Default under the Deed of Trust, Assignor shall have the right to collect and dispose of the Rents without restriction. 2. Delivery of the Leases. All Leases currently in effect with respect to the Premises have been delivered to Assignee, are in full force and effect as of the date of this Assignment and 190802