200905831 - Laserfiche WebLink

Browse

200905831 After recording, return to: Holme Roberts & Owen LLP 1700 Lincoln Street, Suite 4100 Denver, CO 80203-4541 Attention: Vicki Jaynes, Sr. Paralegal ASSIGNMENT OF LEASES AND RENTS THIS ASSIGNMENT OF LEASES AND RENTS (this "Assignment"), dated as of July 13, 2009, is given by CONESTOGA MALL 2002, LLC, a Colorado limited liability company ("Assignor"), whose address is c/o J. Herzog and Sons, Inc., 1720 S. Bellaire Street, Suite 1209, Denver, Colorado 80222 in favor of U.S. BANK NATIONAL ASSOCIATION, a national banking association ("Bank"), whose address is 950 17th Street, Third Floor, Denver, Colorado, 80202. RECITALS A. Assignor and Bank have entered into a Loan Agreement, dated of even date herewith, providing for a loan (the "Loan") from Bank to Assignor in the amount of SEVENTEEN MILLION DOLLARS ($17,000,000). B. The Loan is evidenced by a Promissory Note, dated of even date herewith, from Assignor payable to Bank in the face amount of SEVENTEEN MILLION DOLLARS ($17,000,000) (the "Nate"). The Note is secured by, among other things, a Nebraska Deed of Trust, Security Agreement and Assignment of Rents and Leases (Including Fixture Filing Under Uniform Commercial Code) of even date herewith, from Assignor to U.S. Bank National Association, as Trustee, for the benefit of Bank (the "Deed of Trust") encumbering the Property (as defined below). Capitalized terms used herein but not defined herein shall have the meaning given them in the Deed of Trust. C. Assignor, as landlord, has entered and/or may hereafter enter into written and/or oral lease(s) affecting all or part of the improvements on the land described on Exhibit A attached hereto and incorporated herein by this reference (the "Land") (the Land, together with all such improvements is referred to herein as the "Pro e "). D. The assignment of Assignor's rights in such leases, as more fully provided in this Assignment, is a condition precedent to the making of the Loan by Bank. AGREEMENT THEREFORE, in order to induce the Bank to make the Loan and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor hereby agrees with Bank as follows: #1407856 v5 den