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200802660
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Last modified
3/31/2008 4:12:56 PM
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3/31/2008 4:12:55 PM
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DEEDS
Inst Number
200802660
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<br />200802660 <br /> <br />7.6 ASSIGNMENT OF FUTURE LEASES. That until the Indebtedness Secured <br />Hereby shall have been paid in full, Assignor will on demand of the Assignee deliver to the <br />Assignee executed copies of any and all other and future Leases upon all or any part of the said <br />Premises and agrees to make, execute and deliver unto Assignee upon demand and at any time or <br />times, any and all assignments and other instruments sufficient to assign such Leases and Rents <br />thereunder to Assignee or that the Assignee may deem to be advisable for carrying out the true <br />purposes and intent of this Assignment. From time to time on request of the Assignee the <br />Assignor agrees to furnish Assignee with a rent roll ofthe Premises disclosing current tenancies, <br />rents payable, and such other matters as Assignee may reasonably request. <br /> <br />7.7 NO MORTGAGEE IN POSSESSION. Nothing herein contained and no action <br />taken pursuant to this Assignment shall be construed as constituting the Assignee a "Mortgagee <br />in Possession". <br /> <br />7.8 CONTINUING RIGHTS. The rights and powers of Assignee or any receiver <br />hereunder shall continue and remain in full force and effect until all Indebtedness Secured <br />Hereby, including any deficiency remaining from a foreclosure sale, are paid in full, and shall <br />continue after commencement of a foreclosure action and after foreclosure sale and until <br />expiration of any period of redemption. <br /> <br />ARTICLE 8 <br />MISCELLANEOUS <br /> <br />8.1 SUCCESSORS AND ASSIGNS. This Assignment and each and every covenant, <br />agreement and provision hereof shall be binding upon the Assignor and its successors and <br />assigns including without limitation each and every from time to time record owner of the <br />Premises or any other person having an interest therein and shall inure to the benefit of the <br />Assignee and its successors and assigns. As used herein the words "successors and assigns" <br />shall also be deemed to mean the heirs, executors, representatives and administrators of any <br />natural person who is a party to this Assignment. <br /> <br />8.2 GOVERNING LAW. This Assignment is executed pursuant to and shall be <br />governed by the laws of the State of Nebraska. <br /> <br />8.3 SEVERABILITY. It is the intent of this Assignment to confer to Assignee the <br />rights and benefits hereunder to the full extent allowable by law. The unenforeeability or <br />invalidity of any provisions hereof shall not render any other provision or provisions herein <br />contained unenforceable or invalid. Any provisions found to be unenforceable shall be severable <br />from this Assignment. <br /> <br />8.4 NOTICES. Any notice which any party hereto may desire or may be required to <br />give to any other party shall be in writing and given in the manner set forth in Section 3.2 of the <br />Deed of Trust, which shall constitute notice hereunder. <br /> <br />8.5 CAPTIONS AND HEADINGS. The captions and headings of the various <br />sections of this Assignment are for convenience only and are not to be eonstrued as confining or <br />limiting in any way the scope or intent of the provisions hereof Whenever the context requires <br /> <br />AM 157:0AM57:666690:3:LOUlSVILLE <br />3119/08 <br /> <br />7 <br />
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