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<br />ASSIGNMENT OF LEASES AND RENTS
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<br />THIS ASSIGNMENT OF LEASES AND RENTS (as the same may be amended, modi�ed or supplemented from tirr►e to time, the
<br />"Assignment"), dated as of the 29th day of November, 201Q, from ,�itski, LLC, a Nebraska Limited Liability Company and Nova-Tech, Inc.,
<br />a Nebraska Corporation (whether one or more in number hereinaf�er the "Assignor"), in favor of Nebraska Economic Develapment
<br />Corporation, a Nebraska Non-Profit Corparation (the "Assignee"), for further assignment by Assignea to the UNiTBD STATES SMALL
<br />BUSINESS ADMINISTRATION, an agency af the United StaCes (the "SBA"), recites and provides:
<br />Assignee has agreed to make a loan to Assignor in the principal amaunt of Three Million Four Hundred Forty-two Thousand and 00/100
<br />Dollars ($3,442,000.00) (the "Loan") to provide financing for acquisition of the land described as Lpt 1 Platte Valley Industrial Park
<br />Sixth Subdivision, in the City of Grand Island, Hall County, Nebraska, hereto and the improvements thereon situated in the
<br />County of Hall, (collectively, the "Premises"). The T.,oan is evidenced by a promissory noCe of even date herewith (as the same may be
<br />amended, modified or supplemented from time to tirne (the "Note") made by Assignor and payable to the order of Assignee in the principal
<br />amount of $3,442,000.00. T'he Nota is secured, in part, by a deed of trust of even date herewith (as the sama may be amended, modi�ed or
<br />supplemented from time to time, (the "Deed of Trust") from Assignor to Gregg Stratman, as trustee. Terms defined in the note and the Deed
<br />of Trust shall have the same defined meaning when used in this Assignment. As a candition to making the Loan, the Assignee has required
<br />an assignment to the Assignee and any subsequent holder af the Note of all leases (individually, a"Lease," and collectively, the "Leases") of
<br />or relating to Assignor's intcrest in the Premisas pr any part thereof, now or hereafter existing, and all rents, issues and pro�ts (the "Rents")
<br />now or hereafter arising from Assignor's interest in the Premises or any part thereof, all in accordance with the terms and conditions set forth
<br />herein.
<br />NOW, THBREFORE, for and in consideration of the agreement of Assignee to make the Loan and as ADDITIONAL SECURITY for the
<br />payment of the Note, Assignor agrees as follows:
<br />Assi nment of Leases. Assignor hereby assigns, transfers and set over to Assignee, and any subsequcnt holder of the Note, all
<br />Assignor's right, title and interest in and to all Leases and all renewals or extensions thereof, together with all the Rents, now
<br />existing or hereafter arising. Prior to the election of Assignee to collect the Rents upon the occurrenec of an Event of Default under
<br />the Deed of Trust, Assignor shall have the right to collect and dispose of the Rents without restriction. Further, Assignor, as
<br />Landlord under any Lease which prohibits assignment, hereby grants such cansent, as may be required by any Lease, to the
<br />assignment, transfer, and encumbrance of the Lease to the Assignee.
<br />Delivery of the Leases. All Leases cunently in effect with respect to the Premisas have been delivered to Assignee, are in full force
<br />and effect as of the date of this Assignment and neither Assignor nor any tenant is in default thereunder. Assignor shall not make
<br />any subsequent agreement for the lease of the Premises or any part thereof except in the ordinary course of business in accordanca
<br />with the provisions of the Deed of Trust. All such subsequent Leases shall be subject to the prior written approval of Assignee,
<br />which apprpval shall not be unreasonably withheld, in accordance with the provisions of the Deed of Trust.
<br />3. No Modification of the Leases. Without the prior wriiten consent of Assignee, which consent shall not be unreasonably withheld,
<br />Assignor shall not:
<br />A. Cancel, terminate or accept any surrender of the Leases;
<br />B. Accept any prepayments far more than (30) days of installments of rent under any of the Leases;
<br />C.
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<br />Modify or abridge any of the terms, covenants and conditions of any of the Leases so as to reduce the terms thereof or the
<br />rental payments thereunder; or
<br />Change any renewal privileges contained in any of tha Leases.
<br />4. Representations and Warranties. Assignor represents and warrants that:
<br />A. Assignor has not previously sold, assigned, transfcrrad, mortgaged or pledged the Leases or tho Rents, whether now due or
<br />hereafter ta become due;
<br />B. The Rents now due or to become due for any periods subsequent to the date hereof have nat been collected and nayment
<br />thereof has nat been anticipated fpr a period of more than one (1) month in advance, waived or released, discaunted, set off or
<br />otherwise discharged or compromised except as set forth in the Leases;
<br />C. It has not xeceived any funds or deposits from any tenant for which credit has not already been made on account of accrued
<br />income other than the security deposits provided for in the I�eases;
<br />D. It has not received any bona fide and acceptable offer to purchasc the Premises ar any part thereof which would in any way
<br />affect any right of option of first refusal ta purchase all or any portion of the Premises now contained in any Lease; and
<br />B. It has not done anything which might prevent Assignee from or limit Assignee in operating under or enforcing any of the
<br />provisions hereof.
<br />Assignor shall act in good faith to enforce pr secure the perforrr►ance of each and evcry obligatian, covenant, condition and agreement to be
<br />performed by any tenants under all the Leases. ,,, n
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