|
2oioooi4s
<br />ASSIGNMENT OF LEASE, RENTS
<br />THIS ASSIGNMENT OF LEASE AND RENTS (as the same may from time to time be
<br />extended, renewed or modified, this "Assignment"), is made as of December 30, 2009, by
<br />HVSL1, LLC, a Delaware limited liability company ("Assignor"), to MANUFACTURERS
<br />AND TRADERS TRUST COMPANY, not individually, but solely as trustee (the "Trustee")
<br />pursuant to that certain Declaration of Trust (the "Declaration") of even date herewith by
<br />Trustee, for the benefit of the Registered Owners (as such term is defined therein) (Trustee and
<br />each successor thereto as Trustee from time to time under the Declaration is referred to herein as
<br />"Assignee").
<br />WITNESSETH:
<br />WHEREAS, Assignor is the owner of the Mortgaged Property (as hereinafter defined)
<br />and has leased the Mortgaged Property pursuant to that certain Lease Agreement (as amended
<br />from time to time, the "Lease") dated as of even date herewith between Assignor, as landlord,
<br />and Hy-Vee, Inc. as tenant ("Tenant"); the Lease has been subordinated to the lien of the
<br />Mortgage (hereinafter defined) pursuant to a subordination, non-disturbance and attornment
<br />agreement (the "SNDA") among Assignor, Assignee and Tenant;
<br />WHEREAS, Assignor has made and issued its 6.00% Secured Note as of the date hereof in the
<br />original principal amount of $1,478,543.34, payable to the Trustee (such Note, together with all
<br />extensions, renewals or modifications thereof is hereinafter collectively referred to as the
<br />"Note"); the Note is secured, in part, by a mortgage or deed of trust (the "Mort~a~e") from
<br />Assignor to or for the benefit of Assignee; all obligations secured by the Mortgage are
<br />collectively called the "Indebtedness";
<br />Assignor, for good and valuable consideration, the receipt and sufficiency of which are
<br />hereby acknowledged, does hereby presently and absolutely GRANT, SELL, CONVEY,
<br />ASSIGN, TRANSFER, SET OVER AND DELIVER to Assignee the entire landlord's interest in
<br />and to the Lease and all other agreements now or hereafter made affecting the use, enjoyment, or
<br />occupancy of all or any part of the real property more particularly described in Exhibit A
<br />annexed hereto and made a part hereof and all improvements now or hereafter placed thereon
<br />(such real property and improvements are hereinafter referred to collectively as "Mort~a~ed
<br />Pro er "), together with any extensions ar renewals of the same;
<br />TOGETHER WITH all rents, income, issues, revenues and profits arising from the Lease
<br />and renewals thereof and together with all rents, income, issues and profits from the use,
<br />enjoyment and occupancy of the Mortgaged Property (including, but not limited to, minimum
<br />rents, additional rents, percentage rents, deficiency rents and liquidated damages fallowing
<br />default under the Lease, all proceeds payable under any policy of insurance covering loss of rents
<br />resulting fram untenantability caused by damage to any part of the Mortgaged Property, all of
<br />Assignor's rights to recover monetary amounts from Tenant in bankruptcy including, without
<br />limitation, rights of recovery for use and occupancy and damage claims arising out of Lease
<br />defaults, including rejection of the Lease, together with any sums of money that may now or at
<br />any time hereafter be ar become due and payable to Assignor by virtue of any and all royalties,
<br />overriding royalties, bonuses, delay rentals and any other amount of any kind or character arising
<br />15452813.3
<br />
|