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~~ <br /> r <br /> ~~~ z <br />~= ~ ~ ~ ~ ~ <br />~ ~ ~ ~ v <br /> ~ <br />~ ~ ~o„ ~ ~ ~ ~ <br />W ~ n ~~ ~ <br />~ ~~ °ra <br />f V ~~ ~ T" q G~ ~t F.-~ .r <br />r ~r~ ~ C7 ~ ~ f~"'1 d "^'I <br /> <br /> ~ r- A i--a ~ <br /> _ Cn ~ ~ ~ ~ <br />, <br /> ~ " <br /> r7 Ca'a Q <br /> ,.;~; <br /> WHEN RECORDED MAIL TO: <br /> Equitable Bank <br />~ <br /> Diars Avenue Branch ~O` ~U <br /> PO Box 1 BO <br /> Grand Island. NE_ 68802-0760 ,,, ,,-., FOR R ECORD,FR'S USE ONLY <br />ASSIGNMENT OF RENTS <br />THIS ASSIGNMENT OF RENTS dated March 1, 2010, is made and executed between MRE Enterprises LLC; A <br />Nebraska Limited Liability Company (referred to below as "Grantor") and Equitable Bank, whose address is PO <br />Box 760, Grand Island, NE 6$802-0160 (referred to below as "Lender"1. <br />ASSIGNMENT. For valuable consideration, Grantor hereby assigns, grants a continuing security interest in, and <br />conveys to Lender all of Grantor's right, title, and interest in and to the Rents from the following described <br />Property located in Hall County, State of Nebraska: <br />Lot Twelve (12), Richmond Subdivision, in the City of Grand Island, Hall County, Nebraska <br />The Property or its address is commonly known as 606-612 Diers Ave, Grand Island, NE 6$$03. The <br />Property tax identification number is 400389096. <br />FUTURE ADVANCES. In addition to the Note, this Assignment secures all future advances made by Lender to Grantor whether or not the <br />advances are made pursuant to a commitment. Specifically, without Ilmitation, this Assignment secures, in addition to the amounts <br />specified in the Note, all future amounts Lender in its discretion may loan to Grantor, together with all interest thereon. <br />THIS ASSIGNMENT IS GIVEN TO SECURE 111 PAYMENT OF THE INDEBTEDNESS AND 12- PERFORMANCE OF ANY AND ALL <br />OBLIGATIONS OF GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS. THIS ASSIGNMENT IS GIVEN <br />pND ACCEPTED ON THE FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Assignment nr any Related Documents, Grantor shall pay to Lender <br />all amounts secured by this Assignment as they become due, and shall strictly perform all of Grantor's obligations under this Assignment. <br />Unless and until Lender exercises its right to collect the Rants as provided below and so long as there is no default under this Assignment, <br />Grantor may remain in possession and control of and operate and manage the Property and collect the Rents, provided that the granting of <br />the right to collect the Rents shall not constitute Lender's consent to the use of cash collateral in a bankruptcy proceeding. <br />GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: <br />Ownership. Grantor is entitled to receive the Rents free and clear of all rights, loans, liens, encumbrances, and claims except as <br />disclosed to and accepted by Lender in writing. <br />Right to Assign. Grantor has the full right, power and authority to enter into this Assignment and to assign and convey the Rents to <br />Lender. <br />No Prior Assignment. Grantor has not previously assigned ar conveyed the Rents to any other person by any instrument now in force. <br />No Further Transfer. Grantor will not sell, assign, encumber, or otherwise dispose of any of Grantor's rights in the Rents except as <br />provided in this Assignment. <br />LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS. Lender shall have the right at any time, and even though no default shall have <br />occurred under this Assignment, to collect and receive the Rents. For this purpose, Lender is hereby given and granted the following <br />rights, powers and authority: <br />Notice to Tenants. Lender may send notices to any and all tenants of the Property advising them of this Assignment and directing all <br />Rents to be paid directly to Lender or Lender's agent. <br />Enter the Property. Lender may enter upon and take possession of the Property; demand, collect and receive from the tenants or from <br />any other persons liable therefor, all of the Rents; institute and carry nn all legal proceedings necessary for the protection of the <br />Property, including such proceedings as may be necessary to recover possession of the Property; collect the Rents and remove any <br />tenant or tenants or other persons from the Property. <br />Maintain the Property. Lender may enter upon the Property to maintain the Property and keep the same in repair; to pay the costs <br />thereof and of all services of atl employees, including their equipment, and of all continuing costs and expenses of maintaining the <br />Property in proper repair and condition, and also to pay all taxes, assessments and water utilities, and the premiums on fire and other <br />Insurance effected by Lander on the Property. <br />Compliance with Laws. Lender may do any and all things to execute and comply with the laws of the State of Nebraska and also all <br />other laws, rules, orders, ordinances and requirements of all other governmental agencies affecting the Property. <br />Lease the Property. Lender may rant ar lease the whole or any part of the Property for such term or terms and on such conditions as <br />Lender may deem appropriate. <br />Employ Agents. Lender may engage such agent or agents as Lender may deem appropriate, either in Lender's name or in Grantor's <br />name, to rent and manage the Property, including the collection and application of Rents. <br />Other Acts. Lender may do all such other things and acts with respect to the Property as Lender may deem appropriate and may act <br />exclusively and solely in the place and stead of Grantor and to have all of the powers of Grantor for the purposes stated above. <br />No Requirement to Act. Lender shall not be required to do any of the foregoing acts or things, and the fact that Lender shall have <br />performed one or more of the foregoing acts or things shall not require Lender to do any other specific act or thing. <br />APPLICATION OF RENTS. All costs and expenses incurred by Lender in connection with the Property shall be for Grantor's account and <br />Lender may pay such costs and expenses from the Rents. Lender, in its sole discretion, shall determine the application of any and all Rents <br />received by it; however, any such Rents received by Lender which are not applied to such costs and expenses shall be applied to the <br />Indebtedness. All expenditures made by Lender under this Assignment and not reimbursed from the Rents shall become a part of the <br />Indebtedness secured by this Assignment, and shall be payable on demand, with interest at the Note rate from date of expenditure until <br />paid. <br />~ ;s <br />