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N <br />O <br />O <br />v <br />W <br />w <br />WHEN RECORDED MAIL TO: <br />Equitable Bank <br />North Locust Branch <br />113 -115 N Locust St <br />PO Box 160 <br />Grand Island, NE 68802 -0160 FOR RECORDER'S USE ONLY <br />ASSIGNMENT OF RENTS <br />THIS ASSIGNMENT OF RENTS dated June 22, 2011, is made and executed between J & B RENTALS, L.L.C., <br />whose address is 318 N MADISON, GRAND ISLAND, NE 68802; a Nebraska Limited Liability Company <br />(referred to below as "Grantor ") and Equitable Bank, whose address is 113 -115 N Locust St, 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 />THE NORTHERLY SEVENTY -SIX FEET (N76') OF LOT ONE (1), BLOCK THIRTY -FIVE (35), ORIGINAL <br />TOWN, NOW CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br />The Property or its address is commonly known as 424 N CEDAR ST, GRAND ISLAND, NE 68801. The <br />Property tax identification number is 400002833. <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 or undetermined, absolute or contingent, liquidated or unliquidated, whether Grantor may be liable <br />individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon <br />such amounts may be or hereafter may become 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 (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL <br />OBLIGATIONS OF GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS. THIS 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 long 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 />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 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 />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 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 />m <br />;a <br />N) <br />N <br />0 � <br />n- <br />o <br />D <br />zm <br />m <br />m <br />.Z <br />� <br />" <br />0 <br />S260 <br />c_ <br />OO <br />Zr- T <br />� r <br />Z <br />N <br />T Z <br />=fll <br />min <br />O Z <br />� Z <br />-n IT! <br />D � <br />Cl) <br />m O p �a <br />rat <br />W e <br />NMU) <br />m <br />0 0 <br />o <br />cn <br />z <br />C, <br />o <br />z <br />0 <br />WHEN RECORDED MAIL TO: <br />Equitable Bank <br />North Locust Branch <br />113 -115 N Locust St <br />PO Box 160 <br />Grand Island, NE 68802 -0160 FOR RECORDER'S USE ONLY <br />ASSIGNMENT OF RENTS <br />THIS ASSIGNMENT OF RENTS dated June 22, 2011, is made and executed between J & B RENTALS, L.L.C., <br />whose address is 318 N MADISON, GRAND ISLAND, NE 68802; a Nebraska Limited Liability Company <br />(referred to below as "Grantor ") and Equitable Bank, whose address is 113 -115 N Locust St, 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 />THE NORTHERLY SEVENTY -SIX FEET (N76') OF LOT ONE (1), BLOCK THIRTY -FIVE (35), ORIGINAL <br />TOWN, NOW CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br />The Property or its address is commonly known as 424 N CEDAR ST, GRAND ISLAND, NE 68801. The <br />Property tax identification number is 400002833. <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 or undetermined, absolute or contingent, liquidated or unliquidated, whether Grantor may be liable <br />individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon <br />such amounts may be or hereafter may become 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 (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL <br />OBLIGATIONS OF GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS. THIS 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 long 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 />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 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 />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 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 />