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"~ ~` ~ m <br />rr^IIIIIIIIIIIIII^llw <br /> ~ c~ <br />~~ <br />.~...~ cr' O <br />WHEN RECORDED MAIL TO: ~ I , 0 p <br />Equitable Bank <br />North Locust Branch <br />713-715 N Locust St - _... _ <br />PO Box 7 60 <br />Grand Isl nd NE 68802-0160 F R RECORDER'S USE ONLY <br />ASSIGNMENT OF RENTS <br />THIS ASSIGNMENT OF RENTS dated April 28, 2010, is made and executed between J & B RENTALS, L.L.C.; <br />A NEBRASKA LIMITED LIABILITY COMPANY (referred to below as "Grantor") and Equitable Bank, whose <br />address is 113-17 5 N Locust St, PO Box 160, 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 fallowing described <br />Property located in Hall County, State of Nebraska: <br />Lot One 111, Block Ten (101, in Gilbert's Addition to the City of Grand Island, Hall County, Nebraska <br />and <br />Lot One (1-, Block Ten (10-, Russell Wheeler's Addition to the City of Grand Island, Wall County, Nebraska <br />The Property or its address is commonly known as 1014 N Greenwich & 7022 N Greenwich & 623E 10th <br />Street, Grand Island, NE 68801, The Property tax identification number is 400133652, 400133660, <br />400120097. <br />CROSS-COLLATERALIZATION. In addition to the Note, this Assignment secures all obligations, debts and liabilities, plus interest thereon, <br />of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether <br />now existing or hereafter arising, whether related or unrelated to the purpose of the Nate, whether voluntary or otherwise, whether due or <br />not due, direct or indirect, determined nr undetermined, absolute or contingent, liquidated or unliquidated, whether Grantor may be liable <br />individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon <br />such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts <br />may be or hereafter may become otherwise unenforceable. <br />FUTURE ADVANCES. In addition to the Nate, 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 limitation, 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 11- PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL <br />OBLIGATIONS OF GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS. THIS ASSIGNMENT IS GIVEN <br />AND ACCEPTED ON THE FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Assignment or 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 Rents 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 or 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 ar 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 on 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 all 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 Lender on the Property. <br />Compliance with Laws. Lender may de 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 rent or 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 l,ender.'s rniame or in Grantor's <br />