|
<br />
<br /> M
<br />
<br /> > X
<br /> Ana c: O
<br />
<br /> N m -'a A m C=~ Cn
<br />
<br /> ry ~
<br />
<br /> ..w....t.rrrrr UO
<br /> 2
<br /> O
<br />
<br /> ~ S. Sa
<br /> (Space Above This Line For Recording Data)
<br /> ASSIGNMENT OF LEASES AND RENTS
<br /> THIS ASSIGNMENT OF LEASES AND RENTS ("Assignment"), is given on October 7, 2010 by ASAP Real
<br /> Estate LLC aka ASAP Real Estate L.L.C., a Nebraska Limited Liability Company, whose address is 8619 S
<br /> 137th Circle Ste 1, Omaha, Nebraska 68138 ("Owner") to Union Bank & Trust Company which is organized
<br /> and existing under the laws of the state of Nebraska, and whose address is 3643 South 48th Street, PO Box 82535,
<br /> Lincoln, Nebraska 68501-2535 ("Lender"). The Lender is, or is about to become, the holder of the following
<br /> Deed of Trust dated October 7, 2010 in the amount of One Hundred Ten Thousand and 00/100 Dollars
<br /> ($110,000.00) Deed of Trust executed by Owner covering the following described property:
<br /> Address: 4044 Gold Core Drive, Grand Island, Nebraska 68801
<br /> Legal Description: Lot Twenty (20), Platte Valley Industrial Park Third Subdivision, an Addition to
<br /> the City of Grand Island, Hall County, Nebraska.
<br /> ("Secured Property") which secures the following Note(s):
<br /> • Loan with a principal amount of $110,000.00
<br /> and any other indebtedness of Owner to Lender, whether now or subsequently owing or to become due and no
<br /> matter how created. The Secured Property has been demised by the Owner under a lease(s) which may be
<br /> described as follows:
<br /> National Hospice Medical Equipment, A Division of National HME
<br /> Lender, as a condition of making the above loan(s), has required an assignment of the lease(s) and the rents,
<br /> income and profits derived from the use of the Secured Property and every part thereof, as additional security for
<br /> said loan(s).
<br /> In consideration of the recitals above and as additional security for the indebtedness above, Owner assigns,
<br /> transfers, sets over to, and grants Lender a security interest in the lease(s) described herein and any guaranties,
<br /> renewals or extensions thereof, together with any other lease(s), whether written or unwritten, entered into before
<br /> or after this Assignment and demising any part of the Secured Property, and all rents, income and profits derived
<br /> from the Secured Property and any portion thereof.
<br /> OWNER'S DUTIES; DEFAULT. With respect to any lease(s) entered into before or after this Assignment
<br /> demising any part of the Secured Property, Owner represents to and agrees with Lender that as long as any
<br /> indebtedness of Owner to Lender shall remain unpaid, Owner shall not, without the written consent of Lender: (a)
<br /> cancel any lease(s); (b) accept a surrender of any lease(s); (c) modify or alter any lease(s) in any way, either orally
<br /> or in writing; (d) reduce the rental set forth in any lease(s); (e) consent to any assignment of the lessee's interest in
<br /> any lease(s), or to any subletting thereunder; (f) collect or accept payment of rent, income or profit under any
<br /> lease(s) for more than one (1) month in advance of the due date; (g) make any other assignment, pledge,
<br /> encumbrance, or other disposition of any lease(s), or of the rents, income and profits derived from the use of the
<br /> Secured Property; or, (h) fail to keep the Secured Property free and clear of all liens and encumbrances. Any of the
<br /> above acts, if done without the written consent of Lender, shall be null and void and shall constitute a default under
<br /> the aforesaid Note(s) and Deed of Trust and this Assignment.
<br /> OWNER'S WARRANTIES. Owner further covenants with and warrants to Lender that: (a) the said lease(s) are
<br /> valid, presently in full force and effect and that there are no defaults now existing thereunder; and (b) Owner has
<br /> not: (1) executed or granted any prior assignment, encumbrance, or security interest concerning any lease(s) or the
<br /> rentals thereunder; (2) performed any acts or executed any other instruments or agreements which would limit and
<br /> prevent Lender from obtaining the benefit of and exercising its rights conferred by this Assignment; (3) executed
<br /> or granted any modification of any lease(s) either orally or in writing; and (c) the Secured Property and the rents,
<br /> income and profit derived from the use of the Secured Property are free of liens, encumbrances, claims and setoffs.
<br /> REMEDIES. It is mutually agreed between Lender and Owner that until a default or breach shall occur in the
<br /> performance of Owner's covenants hereunder, or any default shall occur under the Deed of Trust or any loan
<br /> agreement between Owner and Lender pertaining to any indebtedness referred to herein, or any default shall occur
<br /> in the making of any of the payments provided for in the above described Deed of Trust or Note, Owner may
<br /> receive, collect and enjoy the rents, income and profits accruing from the Secured Property, but not more than one
<br /> (1) month in advance of the due date. In the event of any such default or breach, Lender may, at its option,
<br /> immediately thereafter receive and collect all rents, income and profits from the Secured Property as they come
<br /> due under the lease(s) described herein and all renewals and extensions thereof, and under any other lease(s)
<br /> 0 2004.2009 Compliance Systums, Inc. ED4B-8B16 - 2009.12,218
<br /> Assignment of Leases and Rents - PL4001 Page 100 3 www.compliancesystems.cm"
<br />
|