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<br /> , 2.0499 File No. 958 . •�
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<br /> �' � 98—icf�o�.9 `'-1
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<br /> � NflZN R=CORDSD. PLl718! RSTOAN Td t �`�"
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<br /> Mortgage Loan Department
<br /> Firat National 8ank of Omaha - --°•
<br /> � . Third Floor, Pirat National Plaza �r
<br /> � 11404 West Dodge Road
<br /> Omaha, NebYaska 68154 _
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<br /> '�, �sar��aT �� RENTS �ND L'8�888
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<br /> ' �. �� THI3 ASSTC3NMENT OF RENT3 AND LEASES (this "Asaignment�') ie dated as of the ^_
<br /> .. �j day o£ February, 1998, by JANICE M. THAYER AND ERNE3T J. THAYfiR, wife and
<br /> , -',�s huaband ("Borrower�') , to FIR8T NATIONAL BANK OF OMAFIA, a national banking -
<br /> asaociation, Omaha, Nebraska, and its aucceeaors and assigna ("Lender") .
<br /> PRBL•TMTNIL�3Y STAT8M8NT
<br /> Borrower has, concurrently with the execution hereof, aecured loans from
<br /> � Lender in the amount of $8,500,000.00 and $285,000.00, evidenced by certain
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<br /> Promisaory Notes dated of even date herewith (collectively, the "Promisaory
<br /> Note") executed by Sorrower in £avor of Lender and bearing interest and being
<br />� + payable as provi.ded tkisz�ein. Tho payment and performance of Borrower's
<br />, � obligations under the Promiasory Note will be secured, in part, by that certain
<br /> Deed of Truat, Security Agreement and Assignment of Renta dated of even dat�
<br /> • herewith (th.e "Mortgage�') between Borrower and Lender encumbering the real
<br /> property described on 8xhibit "A° attached hereto and by th:.e reference
<br />.- � - incorporated herein (the "Real Property") .
<br /> _ , BSfBSS�HT
<br /> ' NOW, TIiEREFORE, in coneideratian o£ the foregoing and other good and
<br /> Y � . valuable ooneideration, the receipt and aufficiency of which are hereby
<br /> " acknowladged, Borrower agreea as follows:
<br />-� 1. �finitiona, Capitalized tezms used herein ahall have the respective
<br />'�: meaninge given them in the Mortgage, unleas oCherwiae defined herein.
<br />�A-�.
<br /> ':r 2, ssavrientt Certain Riqhte of Borroaer. To further aecure the prompt
<br /> _ � payment and performance of each obli.gation secured by the Mortgage (the "3ecured
<br /> � Obligatione��), Borrower hereby asaigne, transfers, conveys and aets over to
<br /> • Lender all of Borrower�a estate, right, title and intereat in, to and undeX all
<br /> leases and occupancy agreements of any type or nature including, but not limited
<br /> � to, all agreements w3.th respect to independent unita, aesisted living unite and
<br />= apecial care unita, whether existing on the date hereof or hereafter entered into =
<br /> � (including any extensiona, modifications or amendmenta thereto? relating Co the
<br /> Real Property (the "Leasea") , together with all rights, powera, privileges, - -
<br /> optiona and other benefits of Borrower as the leasor under the Leases regardiag
<br /> the current tenanta and other resident occupants of the real property
<br /> (^Tenants") , and any future Tenants, and all the renea, revenues, profits and
<br /> income from the Mortgaged Property (as defined in the Mortgage) , including those
<br /> -, now due, past due or to become due. Borrower irrevocably appointa Lender ita
<br /> true and lawful attorney-in-fact, at the option of Lender at any time and from
<br /> time to time, to take posaeasion and control of the Mortgaged Property, purauant
<br /> .. to Borrower's righta as leseor under the Leases, and to demand, receive and �:
<br /> enforce payment, to give receipta, releasea and satisfaction and to sue, in the
<br /> � name of Borrower or Lender, for all of the rents, revenues, pro.fits and income
<br /> thereof. It is intended by Borrower and Lender that this Assignment consti.tutea
<br /> ' an absolute assignment and not merely an assi.gnment for additional aecurity. The
<br /> ' conaideration received by Sorrower to execute and deliver this Aeaignment and the
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<br /> liena and security intereats created herein is legally sufficient and will
<br /> ' provide a direct economic benefit to Borrower.
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