|
<br />200605274
<br />
<br />(h) Condemnation Awards. All awards or payments, including interest thereon,
<br />which may heretofore and hereafter be made with respect to the Property by reason of
<br />Condemnation, whether from the exercise of the right of eminent domain (including, but not
<br />limited to, any transfer made in lieu of or in anticipation of the exercise of the right), or for a
<br />change of grade, or for any other injury to or decrease in the value ofthe Property;
<br />
<br />(i) Tax Certiorari. All refunds, rebates or credits in connection with reduction in real
<br />estate taxes and assessments charged against the Property as a result of tax certiorari or any
<br />applications or proceedings for reduction, credit or refund;
<br />
<br />G) Rights. The right, in the name and on behalf of Borrower, to appear in and defend
<br />any action or proceeding brought with respect to the Property and to commence any action or
<br />proceeding to protect the interest of Lender in the Property;
<br />
<br />(k) Agreements. All agreements, contracts, certificates, instruments, franchises,
<br />permits, licenses, plans, specifications and other documents, now or hereafter entered into, and
<br />all rights therein and thereto, respecting or pertaining to the ownership, financing, leasing, sale,
<br />marketing, use, occupation, construction, management or operation of the Land and any part
<br />thereof and any Improvements or any business or activity conducted on the Land and any part
<br />thereof and all right, title and interest of Borrower therein and thereunder, including, without
<br />limitation, the right, upon the happening of any default hereunder, to receive and collect any
<br />sums payable to Borrower thereunder;
<br />
<br />(1) Intangibles. All books and records and all other general intangibles relating to or
<br />used in connection with the operation of the Property;
<br />
<br />(m) Permits. All consents, licenses, building permits, certificates of occupancy and
<br />other governmental approvals relating to construction, completion, occupancy, use or operation
<br />of the Land and the Improvement or any part thereof; and all drawings, plans, specifications and
<br />similar or related items relating to the Land and the Improvements;
<br />
<br />(n) Conversion. All proceeds of the conversion, voluntary or involuntary, of any of
<br />the foregoing items set forth in subsections (a) through (m) including, without limitation,
<br />Insurance Proceeds and Awards, into cash or liquidation claims; and
<br />
<br />(0) Other Rights. Any and all other rights of Borrower in and to the items set forth in
<br />subsections (a) through (n) above.
<br />
<br />Section 1.2 ASSIGNMENT OF RENTS. Borrower hereby absolutely and unconditionally
<br />assigns to Lender and Trustee all of Borrower's right~ title and interest in and to all current and
<br />future Leases and Rents; it being intended by Borrower that this assignment constitutes a present,
<br />absolute assignment and not an assignment for additional security orily. Nevertheless, subject to
<br />thete~s of the Loan Agreement and Section 8.1 (g) of this Security Instrument, Lender grants to
<br />Borrower a revocable license to collect, receive, use and enjoy the Rentsand Borrower shall hold
<br />.the Rents, ora portion thereofsufflcient to dIscharge alf current sums due on the Obligations, for
<br />use in the payment of such sums.
<br />
<br />. SectiouL3 SECURlTY AGREEMENT. This Security Instrument is both a real property
<br />:: deed..bf trust arid a: "\security agreement" within the meaning of the Uniform Commercial Code.
<br />
<br />4
<br />
<br />Nebraska
<br />[TPW: NYLEGAL:505604.2] 20528-00030 05/1312006 02:00PM ..
<br />
|