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~...^ <br />~~. <br />~ <br /> <br />r'' <br /> <br /> <br /> <br />~ ~ ~ n ~ ~ ~ -~. ~ ~ rv ~' <br />~ 1T1 ~ m ~' C"J `~ <br />^~ <br />y <br />~ <br />~' <br />~ <br />7 C:~ <br />~r7 Ta <br />~"'~' CA7 <br />~ ~ ~ <br />~ f\ 0 <br /> <br /> ~ -- Cr7 <br />~ C~ -~ <br />~w~w <br />~ <br />~ rrt <br />~; 'O <br />~ . <br />r rz~ ~J <br />rs <br />- <br />- <br />~"f <br />r1~ <br />G] r n r; <br />C_L7 <br />" <br /> ~ fl <br />1 <br />fU ~ <br />~_ C ~ --~ "--' <br /> C7"? ~ ~ Z <br /> 0 <br />WHEN RECORDED MAIL TO: <br />Equitable Bank <br />Diers Avenue Branch <br />PO Box 1 fi0 <br />and Islan NE 688 -0160 FOR RE RDER'S E ONLY ` <br />ASSIGNMENT OE RENTS ~" <br />THIS ASSIGNMENT OF RENTS dated August 19, 2010, is made and executed between KEN-RAY, L.L.C., a <br />whose address is 2502A NORTH WEBB ROAD, GRAND ISLAND, NE 68803, A NEBRASKA LIMITED <br />LIABILITY COMPANY (referred to below as "Grantor") and Equitable Bank, whose address is PO Box 160, <br />Grand Island, NE 68802-0160 (referred 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 />LOTS ONE (11, TWO (2) AND THREE (3-, EQUESTRIAN MEADOWS SECOND SUBDIVISION, IN THE CITY <br />OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br />The Property or its address is commonly known as 217 E STOLLEY PARK ROAD, GRAND ISLAND, NE <br />68801. The Property tax identification number is 400148536, 400418525, 400148560. <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 Note, whether voluntary or otherwise, whether due or <br />not due, direct or indirect, determined ar undetermined, absolute or contingent, liquidated or unliquidated, whether Grantor may be liable <br />individually nr jointly with others, whether obligated as guarantor, surety, accommodaticn party or otherwise, and whether recovery upon <br />such amounts may be or hereafter may became 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 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 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 111 PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL <br />OBLIGATIONS OF GRANTOR UNDER THE NOTE, tHIS ASSIGNMENT, AND THE RELATED DOCUMENTS. TWIS 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 Icng 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 />Na 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 nn default shall have <br />occurred under this Assignment, to collect and receive the Rents. For this purpose, Lender is hereby given and granted the fallowing <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 pr 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 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 />Laasa the Property. Lender may rent or lease the whole ar 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 />' ' ~ ~ ~ [ ` d <br />