201000148 - Laserfiche WebLink

Browse

2oioooa.48 under any present or any future oil, gas and mining lease covering the Mortgaged Property or any part thereof, and all proceeds and other amounts paid or owing to Assignor under or pursuant to any and all contracts and bonds relating to the construction, erection ar renovation of the Mortgaged Property) but excluding Excepted Payments (hereinafter defined) (all of the rights described above hereinafter collectively referred to as the "Rents"); and TOGETHER WITH (a) the right to give and withhold all waivers, consents, modifications, amendments and agreements under or with respect to the Lease; (b) the right to give and receive copies of all notices and other instruments or communications under or with respect to the Lease; (c) the right to take such action upon the occurrence of a default under the Lease beyond applicable notice and cure periods set forth therein, including the commencement, conduct and consummation of legal, administrative or other proceedings, as shall be permitted by the Lease or by law; and (d) the right to do any and all other things whatsoever which the Assignor is or may be entitled to do under ar with respect to the Lease but excluding Excepted Rights (hereinafter defined) (collectively, the "Landlord's Rights"). IN ADDITION TO, and not in limitation of, the foregoing this Assignment shall constitute a security interest in the Lease and Rents, including all future or after arising rents and leases, and shall secure the Indebtedness (hereinafter defined), all as provided in Section 52, Article 17, Reissue Revised Statutes afNebraska (2p04). THIS ASSIGNMENT is executed, acknowledged and delivered by Assignor, to secure and enforce the fallowing obligations (the "Indebtedness"): (i) the payment of the principal of and interest, and premium, if any, an the Note; (ii) the payment of all other sums, liabilities and obligations evidenced by the Note ar advanced or incurred by Assignee as contemplated by this Assignment, the Mortgage, the SNDA and/or any other documents evidencing or securing the Indebtedness (collectively, the "Securi Documents"); and (iii) the performance of all other obligations, covenants and agreements contained in the Security Documents. Assignor wararants to Assignee that (a) the Assignor is the sole owner of the entire landlord's interest in the Lease; (b) the Lease is valid, enforceable and in full force and effect and has not been altered, modified or amended in any manner whatsoever except as previously disclosed to Assignee in writing; (c) none of the Lease or the rents reserved in the Lease have been assigned or otherwise pledged ar hypothecated, except pursuant to the Security Documents; (d) none of the rents under the Lease have been collected by Assignor except far the payment of rent payable on the date hereof; (e) Assignor has full power and authority to execute and deliver this Assignment and the execution and delivery of this Assignment has been duly authorized and does not conflict with or constitute a default under any law, judicial order or other agreement affecting Assignor or the Mortgaged Property; and (f) to Assignor's knowledge, there currently exists no offset or defense to the payment of any portion of the Rents. 15452813.3 2