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<br /> 2 00902887
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<br /> After Rocordatlon Return lo:
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<br /> ASSIGNMENT OF RENTS
<br /> AND LEASES
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<br /> RR&C,LLC RR&C, LLC
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<br /> 6~8~~~7~,North Cnc llo?m_an Road Grand Islanrh Nebra~srka WE r~t
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<br /> V- n 8.150 L 10,Obo.Oq Aprll 15. 2000 May 1, 2014 356913 8-04-000011
<br /> e lso
<br /> 1. ASSIGNMENT. In consideration of tie loan of financlal accornmodallon evidenced by the Promissory note or allreoment
<br /> described above and all other present and future evidences of Indoblednoss, obligations, ayyreornents, instruments, guaranties or
<br /> otherwise of Borrower or Lessor (whether Incurred for the same or dlffurent purposes than go promissory note or agreement
<br /> described above), and all ranawats, extensions, arnendments, mor110Callans, replacements or substitutions to any of the foregoing,
<br /> (collectively the 'Obligations") Lessor, Idenllllod above, absolutely assigns toga Filnk~Dd Tcuat Camnan
<br /> 4243 Pioneer Waodq riye LI coln_rjP rtflma,_,
<br /> ("Lender") all Leasur's estate right, Mlle, Inlnra st, claim and demand now owned or hereafter acquired In all existing and future lassos
<br /> of the real property described In Schedulo A (the "Prarnlses") (Includingg extensions, renewals and subleases), all agreements for use
<br /> and Occupancy of the Premises (all such lalises and agreements whopier written or Oral, are hereafter relorred to as Uta "Leases"),
<br /> and all guaranties of lassoes' performance under the Leases, togolherwllh His Immediate and continuing right to collect and recelve
<br /> all of the rents, incomo, reuelpts, revenues, Issues, profits and o(tiur Income of any naluro now or hereafter duo (Including any Income
<br /> of any nature cominp due during any redemption period) under the leases or from or arising out of the Premises ncluding nhlnirrrum
<br /> rents, additional rants, percentage rattle, parkina nr common area maintenance contributions, tax and Insurance contributions,
<br /> gefidenry rents, liquidated damages following default Inmany Lease, all proceeds payable under any policy of Insurance covering loss
<br /> of rents resulting from unlenantablllty caused by destruction or damage to the Pre1111Se9, all proceeds payable as a result of a lessee's
<br /> exorcise of an uptlon to purchaso the Premises, all proceeds derived from the lerminallon or rejection of any Lease In a bankruptcy or
<br /> other Insolvency proceeding and all proceeds from any dphis and claims of any kind which Lessor may have against any lessee
<br /> under the Leases or any occupants of the Promisos (all of Pro above are hereafter collectively referred to as the "Rent" or'Rents").
<br /> This Assignment Is subect to Pie right, power and authority Ulvun to the Lender to collect and apply the Rants. The Obligations
<br /> described above are also secured by a mortgage or deod of trust to lender on the real properly described In Schedule A (the "Soculity
<br /> Instrument"). 'the foregoing Assignment Is Intended to be specific, perfected, and clioate upon the recording of the Security
<br /> Inalrurnant as provided by applicable slate law.
<br /> 2, COVENANTS OF LESSOR. Lesser covenants and agrees that Lessor will:
<br /> a. observe and perform all the obligations Imposed upon fire landlord under Ilia Leases;
<br /> b. refrain from discounting.any future Renis.or execuling any future assignment of the Leases or collect
<br /> any Rents In advance wlth.gt One written consent of Lander;
<br /> c, perform all necessary steps to maintain the security of the Leases for the benefit of Lander Including, If requested, the periodic
<br /> submisslon to Lender of reports and accounting Information relating to the receipt of Rent payments;
<br /> d. refrain from modifying or terminating any of the Leases without Ore written riansant of Lender,
<br /> e. execute and deliver, at the requatit of Lender, any assurances and assignments with respect to the Losses as Lender may
<br /> periodically require; and
<br /> f, comply will) all applleabla federal, stale and local lawa arid regulations coneemin~ the Premised, including but not limited to
<br /> all onvlronmenta laws, the Americana wilt) Wash111Oes Act, and all zoning and bullding laws.
<br /> 3. REPRESENTATIONS OF LESSOR. Lessor repro3ords and warrants to Lander that;
<br /> a, the tenants under the Losses are Lurrenl In all Rent payments and are not In default under Pie terms of any of the Leases;
<br /> In. each of the Leases are valid and enforceable aocordlno to Its terms, and there are no claims or defenses presently existing
<br /> which could be asserted by any tenant under the Leases against Lossor or any assignee of Lessor;
<br /> G. no Rents or secudly, deposits under any of Rio Lasses have previously been assigned by Lessor to any party other than
<br /> Lander;
<br /> d. Lessor has nut uccopled, and will not accopl, Rent In excess of one axm0) in advance under any of the Leases;
<br /> e. Lessor has the power and authority to exacut. Ihls Assignrrtonl; and
<br /> L. Lessor has riot. Performed any act or oxeculed any Inalrumronl which might prevent Lander from collecting Rents and taking
<br /> any other action under this Asslgnmor)l.
<br /> 4. LESSOR MAY RECEIVE RENTS.
<br /> As long as there Is no default under the Obligations described above, the Security Instrument securing the Obligations, or this
<br /> Assignrrrent, Londer grants Lessor a revocable license to wiled all Rents from the Leases when due and to use such proco.ds
<br /> in Lessor a buslnasa opara4ona. Flowover, Lender may at any lime require Lessor to deposll all Rents into an aorount
<br /> maintained by Lessor or Lender at Lendor's Instilutlon.
<br /> 5, DEFAULT AND REMEDIES,
<br /> upon default In me payment Of, or In Ore performance of, any of the Obligations, Lender may at Its Option lake possession of the
<br /> Promises, without bo'coming a mortgagee In possession and have, hold, manage, lease andalle O n ?erato the and Premises n r
<br /> on terms and
<br /> for a perloq of limo that Londer deems proper.' Lender may pmre.d to collect and recelve la, Lade shall have full
<br /> pews' perledl :ally tO make e"a s ne, ronnva1, 'repairs a replaconhenLv
<br /> ' to the Promises as Lender Wray deem p
<br /> roper.
<br /> Londer may apply all Ron4s, In Londer s sole dlscreton, taking and retalnhtg possession of tits Promises and t)o management
<br /> and opnrallun of the Premlaes, lender may keep iha Promisos properly Insured and may dlsdharge any.taxes, charges , claims,
<br /> assusementa sod Ogler Mans WI)Ich may eccrrlo. The. Pens anJ cost of these artons may be ppald Irom the Rants to calved
<br /> an any un
<br /> d in amounts.1 R be added I. Iha principal of the Obllgallons. Thos. arncunls Wgelhor WHI, other coats, shall
<br /> become part of iha Indable ..as secured by iha S..udty Insk im.nl and for which Ihls Assignment Is given.
<br /> CCA12BEN (1/06)
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