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~~ <br />~ ~j s ~y ~ \~~ ~ m <br />~ (1] i~, ~ ~ Z' <br />~ ~rr~ ~ 171 ~ N ~ h c ~ ~ ~ ~ ~ ['~ ~ <br />~ era ~ = O ~, rn -,., '_' ~ <br />r ~,' C <br />~ a ~ ~ <br />~~ <br />~~ ~ ' ~ rv ~ <br />m <br />WHEN RECDRDED MAIL TO: <br />Equitable Bank <br />North Locust Branch <br />713-7 7 5 N Locust St <br />PO Box 7 60 <br />Gran stand N 688 -0760 F R REC RDER' USE NLY <br />ASSIGNMENT OF RENTS ~~, <br />THIS ASSIGNMENT OF RENTS dated June 14, 2010, is made and executed between A.G.I„ L.L.C., whose <br />address is 3540 GRAHAM AVE, GRAND ISLAND, NE 688p3; A NEBRASKA LIMITED LIABILITY COMPANY <br />(referred to below as "Grantor") and Equitable Bank, whose address is 113-115 N Locust St, PO Box 7fi0, <br />Grand Island, NE 688p2-0160 Ireferred to below as "Lender"-. <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 One 11-, Block One 11 ), Nelsen Second Subdivision, Hall County, Nebraska, Excepting therefrom a tract <br />of land conveyed to the State of Nebraska by Quitclaim Deed recorded as Document No. 85-000078 <br />The Property or its address is commonly known as 2608 Old Fair Raad, Grand Island, NE 68803. The <br />Property tax identification number is 40pp65975. <br />FUTURE ADVANCES. In addition to the Note, this Assignment secures all future advances made by Lender to Borrower 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 Nate, all future amounts Lender in its discretion may loan to Borrower, together with all interest thereon. <br />THIS ASSIGNMENT IS GIVEN TO SECURE 17) PAYMENT OF THE INDEBTEDNESS AND 121 PERFORMANCE 01= ANY ANb ALL <br />OBLIGATIONS OF BORROWER AND GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS. THIS <br />ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br />GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other <br />law which may prevent Lender from bringing any action against Grantor, including a claim for deficiency to the extent Lender is otherwise <br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by <br />exercise of a power of sale. <br />BORROWER'S WAIVERS AND RESPONSIBILITIES. Lender need not tell Borrower about any action or inaction Lender takes in connection <br />with this Assignment. Borrower assumes the responsibility for being and keeping informed about the Property. Borrower waives any <br />defenses that may arise because of any action or inaction of Lender, including without limitation any failure of Lender to realize upon the <br />Property, or any delay by Lender in realizing upon the Property, Borrower agrees to remain liable under the Nate with Lender no matter <br />what action Lender takes or fails to take under this Assignment. <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 nn 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 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 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 casts 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 an 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 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 Lender's ame or in Grantor's <br />', t ,v p~ ~ r, . <br />