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~ \J\ e ;0 m ." c: ..... Z "ne' ~>!{l fleA ~:r: N G G -..J G -..J W G Qj WHEN RECORDED MAIL TO: Bank of the West 4321 20th Ave SW FarQo. NO 58103 /i 'J C ('1':; "J ,,:7 (If/"' 1-1 " , ~"", '-'~, ..101, '"" ;.....;r e r-..;. oi ""'" ~ O(IJ ........ -..:r 0 ...., ._:l:"- ~ ~\.-' -.... c: l>- NK c= z -; c-; --if11 ~.{o.. N -<0 ~iJr 0 " ""Tl -..J "z 0 tt - fTl ::!::rT1 -..Ja rrr f =n 1> w <:::) :3 r-;:o C)g en r'1> ,.,..... en ~i I,..... :::><: )>. a -- co <n co2 U) 0 FOR RECORDER'S USE ONLY \~ '~" ~ *105032184900000000340115* ASSIGNMENT OF RENTS THIS ASSIGNMENT OF RENTS dated August 1, 2007, is made and executed between WETZEL BROTHERS CONSTRUCTION, LLC, whose address is 3515 NORTH US HWY 281, GRAND ISLAND, NE 68803 (referred to below as "Grantor") and BANK OF THE WEST, whose address is 3301 W State St, Grand Island, NE 68803 (referred to below as "Lender"). ASSIGNMENT. For valuable consideration, Grantor hereby assigns, grants a continuing security interest in, and conveys to Lender all of Grantor's right, title. and interest in and to the Rents from the following described Property located in HALL County, State of Nebraska: See SCHEDULE C, which is attached to this Assignment and made a part of this Assignment as if fully set forth herein. The Property or its address is commonly known as 3515 NORTH US HIGHWAY 281, GRAND ISLAND. NE 68803. The Property tax identification number is 4001-87-256. FUTURE ADVANCES. In addition to the Note, this Assignment secures all future advances made by Lender to Grantor whether or not the advances are made pursuant to a commitment. Specifically. without limitation. this Assignment secures. in addition to the amounts specified in the Note. all future amounts Lender in its discretion may loan to Grantor. together with all interest thereon. THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF GRANTOR UNDER THE NOTE. THIS ASSIGNMENT. AND THE RELATED DOCUMENTS. THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOllOWING TERMS; PAYMENT AND PERFORMANCE. Except as otherwise provided in this Assignment or any Related Documents, Grantor shall pay to Lender all amounts secured by this Assignment as they become due, and shall strictly perform all of Grantor's obligations under this Assignment. 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, Grantor may remain in possession and control of and operate and manage the Property and collect the Rents, provided that the granting of the right to collect the Rents shall not constitute Lender's consent to the use of cash collateral in a bankruptcy proceeding. GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: Ownership. Grantor is entitled to receive the Rents free and clear of all rights, loans, liens, encumbrances, an'a'C1aimsexctlpt as disclosed to and accepted by Lender in writing.' Right to Assign. Grantor has the full right. power and authority to enter into this Assignment and to assign and convey the Rents to Lender. No Prior Assignment. Grantor has not previously assigned or conveyed the Rents to any other person by any instrument now in force. No Further Transfer. Grantor will not sell, assign, encumber, or otherwise dispose of any of Grantor's rights in the Rents except as provided in this Assignment. LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS. Lender shall have the right at any time. and even though no default shall have