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201106771
<br />Assignment shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of
<br />the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's
<br />successors with reference to this Assignment and the Indebtedness by way of forbearance or extension without releasing
<br />Grantor from the obligations of this Assignment or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this Assignment.
<br />Waive Jury. All parties to this Assignment hereby waive the right to any jury trial in any action, proceeding, or
<br />counterclaim brought by any party against any other party.
<br />Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead
<br />exemption laws of the State of Nebraska as to all Indebtedness secured by this Assignment.
<br />Waiver of Right of Redemption. NOTWITHSTANDING ANY OF THE PROVISIONS TO THE CONTRARY
<br />CONTAINED IN THIS ASSIGNMENT, GRANTOR HEREBY WAIVES ANY AND ALL RIGHTS OF REDEMPTION FROM
<br />SALE UNDER ANY ORDER OR JUDGMENT OF FORECLOSURE ON GRANTOR'S BEHALF AND ON BEHALF OF
<br />EACH AND EVERY PERSON, EXCEPT JUDGMENT CREDITORS OF GRANTOR, ACQUIRING ANY INTEREST IN OR
<br />TITLE TO THE PROPERTY SUBSEQUENT TO THE DATE OF THIS ASSIGNMENT.
<br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Assignment.
<br />Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United
<br />States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as
<br />the context may require. Words and terms not otherwise defined in this Assignment shall have the meanings attributed to
<br />such terms in the Uniform Commercial Code:
<br />Assignment. The word "Assignment" means this ASSIGNMENT OF RENTS, as this ASSIGNMENT OF RENTS may be
<br />amended or modified from time to time, together with all exhibits and schedules attached to this ASSIGNMENT OF
<br />RENTS from time to time.
<br />Borrower. The word "Borrower" means Bosselman Pump & Pantry, Inc.; and Bosselman Truck and Travel Center, Inc.
<br />Credit Agreement. The words "Credit Agreement" means the Secured Credit Agreement dated of even date herewith by
<br />and among Grantor and Lender, as the same may from time to time be modified, amended or restated.
<br />Default. The word "Default" means the Default set forth in this Assignment in the section titled "Default ".
<br />Event of Default. The words "Event of Default" mean any of the events of default set forth in this Assignment in the
<br />default section of this Assignment.
<br />Grantor. The word "Grantor" means Bosselman Travel Centers, Inc.
<br />Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the
<br />Indebtedness.
<br />Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of
<br />all or part of the Note.
<br />Indebtedness. The word "Indebtedness" means the indebtedness evidenced by the Note or Related Documents,
<br />including all principal and interest together with all other indebtedness and costs and expenses for which Grantor is
<br />responsible under this Agreement or under any of the Related Documents and (a) the payment of Grantor's obligations
<br />(whether joint, several or otherwise) to Lender as evidenced by any other note(s) or other evidence of indebtedness
<br />executed by such Grantor and all amendments, modifications, renewals, extensions and substitutions thereof and all
<br />subsequent notes of greater or lesser amounts payable or assigned to Lender; (b) the performance of each Debtor's
<br />obligations under this security agreement ( "Agreement "); and (c) the payment of any and all other indebtedness, direct or
<br />indirect, mature or unmatured or contingent, joint or several now or hereafter owed to Secured Party by each Debtor,
<br />including (without limitation) indebtedness unrelated or dissimilar to any indebtedness in existence or contemplated by
<br />any Debtor at the time this Agreement was executed or at the time such indebtedness is incurred..
<br />Lender. The word "Lender" means UMB BANK, n.a., its successors and assigns.
<br />Note. The word "Note" means the evolving credit note and the term loan note, each dated of even date herewith„ in
<br />the original principal amounts of $10,000,000.00 and $21,000,000, respectively, from Borrower to
<br />Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions
<br />for the promissory note or agreement. . NOTICE TO TRUSTOR: THE NOTE CONTAINS A VARIABLE INTEREST
<br />RATE.
<br />Permitted Lien. The words "Permitted Lien" have the meaning ascribed thereto in the Credit Agreement.
<br />Property. The word "Property" means all of Grantor's right, title and interest in and to all the Property as described in the
<br />"Assignment" section of this Assignment.
<br />Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements,
<br />environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral
<br />mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in
<br />connection with the Indebtedness.
<br />Rents. The word "Rents" means all of Grantor's present and future rights, title and interest in, to and under any and all
<br />present and future leases, including, without limitation, all rents, revenue, income, issues, royalties, bonuses, accounts
<br />receivable, cash or security deposits, advance rentals, profits and proceeds from the Property, and other payments and
<br />benefits derived or to be derived from such leases of every kind and nature, whether due now or later, including without
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