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<br />N <br />cSl <br />cSl <br />-..J <br />cSl <br />-..J <br />CX) <br />cSl <br />....... <br /> <br />nn <br />~)> <br />n(f) <br />~:::J: <br /> <br />flO <br />rn <br />-n <br /><= <br />Z <br />c <br />~ <br /> <br />~ <br />() <br />~ <br /> <br />\J <br />::3 <br /> <br />Q~ <br />m en <br />("):2: <br />?\ <br /> <br />"'-> <br />~ <br />~ <br />~ <br /> <br />Q...~ <br />Q' ."'-j <br />e> <br />z""'l <br />"'-jtTl <br />-<CD <br />0-" <br />""T1z <br />:t: rTl <br />]> CO <br />r.:u <br />r .1>- <br />0:;1. <br />i?' <br />> <br /> <br />~" <br />::;:1. fl. \. <br />Pl C;',-. <br />"'"",;.;..- <br />o.~ <br />..., <br />u. <br />r <br /> <br />~ <br />~ <br /> <br /><~ <br />~ <br />"t; <br /> <br />CJ") <br />m <br />-0 <br /> <br />~ <br />I.::) <br /> <br />o <br />m <br />m <br />cz;;, <br />00 <br /> <br />~ <br /> <br />~~~ <br /> <br />WHEN RECORDED MAIL TO: <br />American National Bank <br />Gretna Branch <br />20635 Highway 370 <br />Gretna, NE 68028 <br /> <br />o~ <br />f'l8. <br />.~ G' <br />~i <br />~i <br />~i;; <br /> <br />'::0.50 <br />FOR RECORDER'S USE ONLY <br /> <br />p-~Olh'l9 <br /> <br />ASSIGNMENT OF RENTS <br /> <br />+~ <br /> <br />THIS ASSIGNMENT OF RENTS dated March 27, 2007, is made and executed between Pallet Advisors, Inc., <br />whose address is PO Box 3585, Omaha, NE 68103 (referred to below as "Grantor") and American National <br />Bank, whose address is 20635 Highway 370, Gretna, NE 68028 (referred to below as "Lender"). <br /> <br />ASSIGNMENT. For valuable consideration, Grantor hereby assigns, grants a continuing security interest in, and <br /> <br />conveys to lender all of Grantor's right. title, and interest in and to the Rents from the following described <br /> <br />Property located in Hall County, State of Nebraska: <br /> <br />Lot Two (2), Fairacres Dairy Eighth Subdivision, in the City of Grand Island, Hall County, Nebraska. <br /> <br />The Property or its -address is commonly known as 427 Shady Bend Road, Grand Island, NE 68801. <br /> <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 /> <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 /> <br />GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: <br /> <br />Ownership. Grantor is entitled to .receive the Rents free and clear of all rights, loans, lien:.>. encumbrances, and claims except as <br />disclosed to and accepted by Lender in writing. <br /> <br />Right to A:.>s:gn. Grantor has the full right, power and authority to enter into this Assignment and to assign and convey the Rents to <br />lender. <br /> <br />No Prior AS:.>lgnment. Grantor has not previously a:.>signed or conveyed the Rents to any other person by any instrument now in force. <br /> <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 /> <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 />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 /> <br />Notice to Tenants. Lender may send notices to any and all tenants of the Property advising them of this Assignment and directing all <br />Rents to be paid directly to Lender or lender's agent. <br /> <br />Enter the Property. lender may enter upon and take possession of the Property; demand, collect and receive from the tenants or from <br />any other persons liable therefor, all of the Rents; institute and carryon all legal proceedings necessary for the protection of the <br />Property, including such proceedings as may be necessary to recover possession of the Property; collect the Rents and remove any <br />tenant or tenants or other persons from the Property. <br /> <br />Maintain the Property. lender may enter upon the Property to maintain the Property and keep the same in repair; to pay the costs <br />thereof and of all services of all employees, inciuding their equipment, and of all continuing costs and expenses of maintaining the <br />Property in proper repair and condition, and also to pay all taxes, assessments and water utilities, and the premiums on fire and other <br />insurance effected by lender on the Property. <br /> <br />Compliance with laws. Lender may do any and all things to execute and comply with the laws of the State of Nebraska and also all <br />other laws, rules, orders, ordinances and requirements of all other governmental agencies affecting the Property. <br /> <br />Lease the Property. Lender may rent or lease the whole or any part of the Property for such term or terms and on such conditions as <br />lender may deem appropriate. <br /> <br />Employ Agents. lender may engage such agent or agents as Lender may deem appropriate, either in Lender's name or in Grantor's <br />name, to rent and manage the Property, including the collection and application of Rents. <br /> <br />Other Acts. Lender may do all such other things and acts with respect to the Property as lender may deem appropriate and may act <br />exclusively and solely in the place and stead of Grantor and to have all of the powers of Grantor for the purposes stated above. <br /> <br />No Requirement to Act. lender shall not be required to do any of the foregoing acts or things, and the fact that Lender shall have <br />performed one or more of the foregoing acts or things shall not require Lender to do any other specific act or thing. <br /> <br />APPLICATION OF RENTS. All costs and expenses incurred by Lender In connection with the Property shall be for Grantor's account and <br />lender may pay such costs and expenses from the Rents, Lender, in its sole discretion, shall determine the application of any and all Rents <br />received by it; however, any such Rents received by lender which are not applied to such costs and expenses shall be applied to the <br />Indebtedness. All expenditures made by Lender under this Assignment and not reimbursed from the Rents shall become a part of the <br />Indebtedness secured by this Assignment, and shall be payable on demand, with interest at the Note rate from date of expenditure until <br />paid. <br /> <br />FUll PERFORMANCE. If Grantor pays all of the Indebtedness when due and otherwise performs all the obligations Imposed upon Grantor <br />undar this Assignment, the Note, and the Related Documents, Lender shall execute and deliver to Grantor a suitable satisfaction of this <br />Assignment and suitable statements of termination of any financing statement on file evidencing lender's security interest in the Rents and <br />the Property. Any termination fee required by law shall be paid by Grantor, if permitted by applicable law. <br /> <br />LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if <br />