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.. 2oioos392 <br />11. Assi�nment of Assignee's Rights. Any halder of the Secured Indebtedness shall have the right to assign to any subsequent holder <br />of the Secured Indebtedness, the right, title and interest of Assignor hereby assigned, subject, however, to the provisions of this <br />Assigttment. In the event all the right, title and interest of Assignor in the Premises are barred or foreclosed, no assignee of the <br />interest of Assignor shall bc liable to account to Assignor for any Rents thereafter accruing. <br />12. Release. Upon payment in full of the Secured Indebtedness, as evidence by a recorded satisfaction or release of the Deed of Trust, <br />as well as any sums which may be payable hereunder, this Assignment shall become and be void and af no effect. <br />13. Amendnnents and Discharee. No change, amendment, modification, cancellation or discharge of this Assignment, or any part <br />hereof, shall be valid unless Assignee shall have consented thereto in writing. <br />14. Successors and Assi�. The terms, covenants and conditions cantained herein shall inure to the benefit of, and bind Assignor, <br />Assignee and their successors and assigns. <br />15. Governing Law. This Assignment shall ba governed by and construed in accordance with the laws of State of Nabraska, without <br />reference to conflict of law principles, except that foderal law shall govern when SBA is the holder of the Note as more fully set <br />forth below. <br />T"hc Loan secured by this lien was made under a United States Small Business Administration (SBA) nationwide program which <br />uses tax dollars to assist small business ownars. Tf the United States is seeking to enforce this document, Che under SBA <br />regulations: <br />(a) When SBA is the holder of the Note, this document and all documents evidencing or securing this Loan will be <br />construed in accordance with federal law. <br />(b) CDC or SBA may use local or state procedures for purposes such as filing paper, recording documents, giving notice, <br />foreclosing liens, and other purposes. By using these procedures, SBA does not waiver any federal immunity from <br />local or state control, penalty, tax or liability. No Borrower or Guarantor may claim or assert against SBA any local <br />or state law to deny any obligation of Borrower, or defeat any claim of SSA with respect to this Loan. <br />Any clausc in this document requiring arbitratian is not enforceable when SBA is the holder of the Note secured by this instrument. <br />16. Severabilitv. If any provision of this Assignment, or the application hereof to any person, entity or circumstance, shall to any extent <br />be invalid or unenforceable, the remainder of the provisions of this Assignment, or the application of such provision to ather <br />persons, entities or circumstancas, shall not he affected thereby, and each provisian of this Assignment shall be valid and <br />enforceable to the fullest extent permitted by law. <br />IN WITNESS WHEREOF, the undersigned has executed this Assignm�nt as of the date first above written. <br />/R"fiYCil�C�7:7 <br />Kershner Properties, L.L.C., <br />a N raska Limited Li ity o pany <br />By: CP� -u.-�r <br />Kevin W. K shner, Manager <br />� <br />ay: <br />Julie R. Kershn r, Manager <br />Central Nebraska Management, I �, <br />a Neb a Corporation <br />By: � ti.��� . <br />evin W. Ke ner, Fres'dent <br />By: � `L�� <br />ie . Kershner Secretary <br />STAT� OP N�BRASKA ) <br />) ss. <br />COUNTY OF BUPFAI,O ) <br />The foregoing instrument was acknowledged before me this 8th day o ove , 2Q Q by ev' W. Kershner and Julic R, <br />Kershner, t � .C, a Nebraska Limited Li i' y Co p , o beha o e company. <br />�� <br />11ekfl s. Fuelerlo � <br />My Cor�an. ExP. FabruarV 16�'�f112 � <br />N " u h <br />5TATE OF NEBI2ASKA ) <br />) ss. <br />COUNTY OF BUFFALO ) <br />The foregoin$ instrument was acknowledged before me this 8th d ,�Iov� er, O10 vin W. Kershner, President and Julie <br />R. Kershner, 5ecretar of Central Nebraska agement, Inc., a Nebra� ' ' ora i` on ehalf f e corporation. <br />� GEMEAl1l MATARY-State af Mebraska , <br />Hew� s. we�nng ' , <br />r�ny Camm. �, r�ruary 16, 2a12 �Cfa ! ic <br />Assignee daes heweby sell, assign and transfer unto SBA, all oi its right, title and interest to this Assignment of Leases and Rents. <br />NEBRASKA ECONOMIC DEVELOPMENT <br />CORPORATION <br />By: <br />Scott Sailors, President <br />STATE OF NEBRASKA ) <br />) ss. <br />CDUNTY OF LANCASTER ) <br />The foregoing instrument was acknowledged before me on this�'th day of vc r, 2 1 p, in the above jurisdiction by Scott Sailors, <br />President oFNebraska Economic Dev�lopment Corporation, on behalf of r n. , <br />'! <br />� r <br />� GENERAL IIATAAY-Scat� oi N�r�ka ' <br />H�dl g, p,MN�p 1 4012 ota 'c <br />MyCdrptl.6�. F6bruarV 6, <br />I O.doc <br />