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<br />7~-- }/~~8~0~
<br />ASSIGNMENT QF RENTS AND LEASES
<br />i€NOW-ALL. MEN SY THESE PRESENTS THAT Ile de Grand,
<br />Ltd., a Nebraska limited partnership, hereinafter called tine
<br />assigner, in consideration of One Dollar paid by Aetna Life
<br />Insurance Company, a Connecticut corporation, hereinafter
<br />eal.3ed the assignee, hereby conveys, transfers-and assigns
<br />-unto the assignee, its successors and assigns, all the
<br />rights, interest and privileges, which the assignor as
<br />lesser has or may hereafter acquire in the leases-now existing
<br />or hereafter made and affecting the real property described
<br />on Exhibit "A" attached hereto and incorporated herein, or
<br />any part thereof, or all or any part of ar~y improvement
<br />presently or hereafter located thereofi as said leases may
<br />have been, or may from time to time be hereafter, modified,
<br />extended and renewed, with all rents, income and profits due -
<br />and becoming due therefrom, including, but .not limited to
<br />that certain lease by and between- assignor as lessor, and
<br />American Community Stores Corporation, a Texas corporation
<br />as Lessee, dated ,J't/Ly ~ ( _ 197, granting to the
<br />said Lessee a leasehold consisting of 25,950 square feet
<br />including the covered loading dock Iacated on the real prop-
<br />erty described on Exhibit "A" hereto as more particularly
<br />described in the said Lease. The assignor will, on request
<br />of the assignee, execute written assignments of any future
<br />leases affecting any Bart of said premises.
<br />This assignment is made as additional security for
<br />the payment of a certain Note and Mortgage Assignment of Rents ,
<br />and Security Agreement (and all extension= or modifications
<br />thereof} TM~+2de by assgnor.ta assignee in-the sum of Eight Sundred
<br />Eighty-seven Thousand and ooj1t30 ($887,OQ0.00) made and entered
<br />into contemporaneous herewith, covering the real proper-ky
<br />described on Exhibit "A" attached hereto as well as ether collateral
<br />particularly described therein. The acceptance of this assign-
<br />mart-and the CO11eCtion of rents or the payments under the ---
<br />leases hereby assigned shall not constitute a waiver of any
<br />rights of the assignee under t3-~e terms of said Nate and-
<br />l~ortgage Assignment of Rents and Security Agreement. It is
<br />expressly understood and agreed by the parties hereto that
<br />before default occurs under the terms of said Note and Mortgage
<br />Assignment of Rents and Security Agreement, assignor shall.
<br />have the right to collect said rents, income and profits from
<br />the aforementioned leases and to retain, use and-enjoy the
<br />same, pra`Yided, however, that even before default occurs no rent.
<br />more than two mo,.ths in advance shall be collected or accepted-.
<br />without the prior written consent of the assignee. Anything to -...-.----
<br />the contrary notwithstanding assignor hereby assigns to assignee
<br />any award made hereafter to it in any court procedure involving
<br />-any of the lessees in any bankruptcy, insclsency, or reorgan-- -
<br />ization proceedings in any state or Federal court; and any-
<br />and all-payments made by lessees in Lieu of rent. Assignor
<br />hereby appoints assignee as its irrevocable attorney in fact
<br />to appear in any action andjor to collect any such award or
<br />payment.
<br />3n addition to all rights and remedies available to
<br />assignee under or pursuant to the said Note or Mortgage
<br />Assignment of Rents and Security Agreement or otherwise avail-
<br />- able to assignee by law or contract, the assignor, in the
<br />event of default in the performance of any of the terms and
<br />efanditians csf said Note and Mortgage Assignment of Rents and.
<br />Security Agreement, hereby authorizes the assignee, at .its-
<br />optinn, to enter and take possession of the mortgaged;pr~mises
<br />anc~ to.manag2 and operate the same, to collect all or`any
<br />
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