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201106771
<br />WHEN RECORDED MAIL TO:
<br />UMB BANK, N.A.
<br />1008 Oak Street
<br />KANSAS CITY, MO 64106
<br />FOR RECORDER'S USE ONLY
<br />ASSIGNMENT OF RENTS
<br />THIS ASSIGNMENT OF RENTS dated September :L, 2011, is made and executed between
<br />Bosselman Travel Centers, Inc., whose address is 3123 Stolley Park Road, Grand Island, NE
<br />68802 (referred to below as "Grantor ") and UMB BANK, n.a., whose address is 1010 GRAND
<br />BOULEVARD, KANSAS CITY, MO 64106 (referred to below as "Lender ").
<br />ASSIGNMENT. For valuable consideration, Grantor hereby assigns, grants a continuing
<br />security interest in, and conveys to Lender all of Grantor's right, title, and interest in and to
<br />the Rents from the following described Property located in Hall County, State of Nebraska:
<br />Lot 1, Block 1, Bosselville Subdivision, a Subdivision in Hall County, Nebraska
<br />The Property or its address is commonly known as 3356 West Wood River Road, Grand
<br />Island, NE.
<br />CROSS- COLLATERALIZATION. In addition to the Note, this Assignment secures all obligations, debts and liabilities, plus
<br />interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one
<br />or more of them, whether now existing or hereafter arising, whether voluntary or otherwise, whether due or not due, direct or
<br />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.
<br />REVOLVING LINE OF CREDIT. This Assignment secures the Indebtedness including, without limitation, a revolving
<br />line of credit, which obligates Lender to make advances to Grantor so long as Grantor complies with all the terms of
<br />the Note.
<br />THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY
<br />AND ALL OBLIGATIONS OF GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS.
<br />THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Assignment or any Related Documents, Grantor
<br />shall pay to Lender all amounts secured by this Assignment as they become due, and shall strictly perform all of Grantor's
<br />obligations under this Assignment. Unless and until Lender exercises its right to collect the Rents as provided below and so
<br />long as there is no default under this Assignment, Grantor may remain in possession and control of and operate and manage
<br />the Property and collect the Rents, provided that the granting of the right to collect the Rents shall not constitute Lender's
<br />consent to the use of cash collateral in a bankruptcy proceeding.
<br />GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that except for Permitted Liens:
<br />Ownership. Grantor is entitled to receive the Rents free and clear of all rights, loans, liens, encumbrances, and claims
<br />except as 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
<br />the Rents to Lender.
<br />No Prior Assignment. Grantor has not previously assigned or conveyed the Rents to any other person by any
<br />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
<br />except as provided in this Assignment.
<br />LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS. Lender shall have the right at any time, subsequent to the
<br />occurrence of an Event of Default having occurred under this Assignment, to collect and receive the Rents. For this purpose,
<br />Lender is hereby given and granted the following 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
<br />and directing all 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
<br />tenants or from any other persons liable therefor, all of the Rents; institute and carry on all legal proceedings necessary
<br />for the protection of the Property, including such proceedings as may be necessary to recover possession of the
<br />Property; collect the Rents and remove any 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
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