Unassociated Document


    
      EXHIBIT
10.21

       

      
        

      

       

    

    Assignment of

     

    Leases and Rents and Security
Deposits

     

    
      

    

     

     

     

     

     

    Prepared by and upon
recordation,

    return to:

     

    Winston & Strawn
LLP

    200 Park Avenue

    New York, New York
10166

    Attn: Corey A. Tessler,
Esq.

    Oakview Plaza

    Loan No.:
50-2858289

     

     

    
      
        
        

      

      
        
        

        
          

        

      

      
        
        

      

    


    ASSIGNMENT OF LEASES AND
RENTS AND SECURITY DEPOSITS

     

    THIS
ASSIGNMENT OF LEASES AND RENTS AND SECURITY DEPOSITS (“Assignment”), dated
as of December 20, 2006, by the Person identified on the signature page hereof,
(“Assignor”),
having the address set forth on the signature page hereof, to WACHOVIA BANK,
NATIONAL ASSOCIATION (“Assignee”),
having an address at Commercial Real Estate Services, 8739 Research Drive URP -
4, NC 1075, Charlotte, North Carolina 28262. 

     

    RECITALS

     

    Assignee
has made a loan to Assignor in the principal sum of TWENTY-SEVEN MILLION FIVE
HUNDRED THOUSAND AND 00/100
DOLLARS ($27,500,000.00),
inter alia, for the
purpose of acquiring certain real property (the “Property”) and
the improvements thereon to be owned by and leased by Assignor to various
tenants. The real property identified on Exhibit A annexed
hereto and made a part hereof, owned by Assignor, constitutes a part of the
Property. The loan made to Assignor is evidenced by the Note which is to be
secured, among other things, by this Assignment.

     

    NOW,
THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties hereby agree as follows:

     

    Section
1. Definitions. All
capitalized undefined terms used herein shall have the respective meanings
assigned thereto in the Deed of Trust, Security Agreement, Assignment of Rents
and Fixture Filing of even date herewith (hereinafter referred to as the
“Security
Instrument”) made
by or between, as applicable, Assignor to or and, as applicable, Assignee
encumbering or, where applicable, conveying security title to, the real property
identified on Exhibit A hereto. Defined terms in this Assignment shall include
in the singular number the plural and in the plural number the
singular.

     

    Section
2. Assignment. To
secure the prompt payment and performance of each obligation secured by the
Security Instrument, Assignor hereby grants, bargains, sells, assigns,
transfers, conveys and sets over to Assignee all of Assignor’s estate, right,
title, interest, claim and demand in, to and under the leases and other
agreements, whether written or oral, affecting the use, enjoyment or occupancy
of the Premises and/or the Improvements located thereon, whether now existing or
hereafter arising (including any extensions, modifications or amendments
thereto, collectively, the “Leases”),
including, without limitation,

     

    (a) all
claims, rights, powers, privileges, remedies, options and other benefits of
Assignor under the Leases including, without limitation, all cash or securities
now or hereafter deposited thereunder (including, without limitation, any bond
or other similar instrument obtained by Assignor and held in lieu of any such
deposits or to secure such deposits) (collectively, the “Security
Deposits”) to
secure performance by tenants of their obligations thereunder, whether such
Security Deposits are to be held until the expiration of the term of any Lease
or applied to one or more of the installments of rent coming due immediately
prior to the expiration of such term and all guarantees of any Leases or other
rental arrangements, and

     

    
      
        
        

      

      
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    (b) any and
all earnings, revenues, rents, issues, profits, proceeds, avails and other
income of and from the Property including, without limitation, the Leases now
due or to become due or to which Assignor may now or shall hereafter become
entitled to claim or demand including, without limitation, the Security Deposits
as and when applied by Assignor towards the payment of rents and other payments
due pursuant to the Leases (collectively, the “Rents”),

     

    together
with full power and authority, in the name of Assignor or otherwise, but without
any obligation to do so, and subject to the provisions of this Assignment
including, without limitation, Section 3, to demand, receive, enforce, collect
or receipt for any or all of the foregoing, to endorse or execute any checks or
other instruments or orders, to give receipts, releases and satisfaction, and to
sue, in the name of Assignor or Assignee, for all of the Rents, to subject and
subordinate at any time and from time to time, any Lease to the security title,
security interest and lien, as applicable, of the Security Instrument or any
other mortgage, deed of trust or deed to secure debt affecting the Property, to
file any claims and to take any action which Assignee may deem necessary or
advisable in connection therewith, and Assignor irrevocably appoints Assignee
its true and lawful attorney-in-fact, coupled with an interest, at the option of
Assignee at any time and from time to time to exercise any rights granted to
Assignee herein. No exercise by Assignee of any rights of Assignor hereunder or
under the other Loan Documents shall release Assignor from its obligations under
the Leases.

     

    Section
3. Certain Rights of
Assignee. This
Assignment constitutes an absolute, present assignment and not merely an
assignment for additional security. All Rents shall be applied in accordance
with the provisions of Article V of the Security Instrument for the purposes
therein set forth including, without limitation, payments of interest and
principal and any other amounts due and payable under the Note, Security
Instrument or other Loan Documents. Notwithstanding the foregoing, so long as no
Event of Default has occurred and is continuing, Assignor shall have the right
to operate the Property, enter into and modify Leases and commence summary
proceedings against tenants under the Leases, all as more particularly set forth
in Article VII of the Security Instrument.

     

    Without
limitation to any other provision hereof, upon the occurrence and during the
continuance of an Event of Default, Assignee may (but shall have no obligation
to so do), either in person, by agent or by a court-appointed receiver, at any
time without notice, regardless of the adequacy of Assignee’s security, perform
all acts necessary and appropriate for the operation and maintenance of the
Property as set forth in the Security Instrument, all on such terms as are
deemed best to protect the security of this Assignment. In the event Assignee
elects to seek the appointment of a receiver for the Property, or any part
thereof, upon the occurrence and during the continuance of an Event of Default,
Assignor hereby expressly consents to the appointment of such
receiver.

     

    Subsequent
to the occurrence and during the continuance of any Event of Default all Rents
collected may be applied as Assignee shall determine in Assignee’s discretion,
including without limitation to the costs, if any, of taking possession and
control of and managing the Property, or any part thereof, and collecting such
amounts, including, but not limited to, reasonable attorneys’ fees, receiver’s
fees, premiums on receiver’s bonds, costs of repairs to the Property, or any
part thereof, premiums on insurance policies, taxes, assessments and other
charges on the Property, or any part thereof, and to the Debt in such order and
priority as Assignee shall determine. Assignee and its agents or employees or
the receiver shall have access to the books and records used in the operation
and maintenance of the Property at reasonable times and upon reasonable notice
to Assignor, and shall be liable to account only for those Rents actually
received. Neither Assignee nor its agents, employees, officers or directors
shall be liable to Assignor, any Person claiming under or through Assignor or
any Person having an interest in the Leases or any other part of the Property by
reason of Assignee’s rights or remedies hereunder or the exercise thereof other
than with respect to the willful misconduct or gross negligence of Assignee,
provided, however, that the foregoing provisions of this sentence shall not be
deemed to alter or amend the provisions of any indemnification of Assignee (or
its agents, employees, officers and directors) by Assignor hereunder or under
the other Loan Documents.

     

    
      
        
        

      

      
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    If the
Rents are not sufficient to meet the costs, if any, of taking possession and
control of and managing the Property, any funds expended by Assignee for such
purposes shall become a part of the Debt secured by this Assignment. Such
amounts shall be payable upon notice from Assignee to Assignor requesting
payment thereof and shall bear interest from the date of such notice at the
Default Rate until paid.

     

    Section
4. Representations and
Warranties of Assignor. All of
the representations and warranties contained in Section 2.05(o) of the Security
Instrument are hereby incorporated by reference with the same force and effect
as if fully restated herein. 

     

    Section
5. No Mortgagee in
Possession. The
acceptance by Assignee of this Assignment, with all of the rights, powers,
privileges and authority so created, shall not, prior to entry upon and taking
of possession of the Property by Assignee, be deemed or construed to constitute
Assignee a mortgagee-in-possession nor thereafter or at any time or in any event
obligate Assignee to appear in or defend any action or proceeding relating to
the Leases, the Rents or any other part of the Property, or to take any action
hereunder, or to expend any money or incur any expenses or perform or discharge
any obligation, duty or liability under the Leases, or to assume any obligation
or responsibility for any Security Deposits or other deposits delivered to
Assignor by any obligor thereunder and not assigned and delivered to Assignee,
nor shall Assignee be liable in any way for any injury or damage to Person or
property sustained by any Person in or about the Premises; the collection of
said Rents and application as aforesaid and/or the entry upon and taking
possession of the Property or any part thereof by Assignee or a receiver shall
not cure or waive, modify or affect any Event of Default so as to invalidate any
act done pursuant to such Event of Default, and the enforcement of such right or
remedy by Assignee, once exercised, shall continue for so long as Assignee shall
elect, notwithstanding that the collection and application aforesaid of the
Rents may have cured for the time the original Event of Default. If Assignee
shall thereafter elect to discontinue the exercise of any such right or remedy,
the same or any other right or remedy hereunder may be reasserted at any time
and from time to time following any subsequent Event of Default, whether of the
same or a different nature.

     

    Section
6. Certain Agreements of
Assignor.
Assignor hereby covenants and agrees as follows:

     

    (a) This
Assignment shall transfer to Assignee all of Assignor’s right, title and
interest in and to the Security Deposits, provided that Assignor shall have the
right to retain the Security Deposits so long as no Event of Default shall have
occurred and provided further, that Assignee shall have no obligation to any
such tenant with respect to the Security Deposits unless and until Assignee
comes into actual possession and control thereof;

     

    
      
        
        

      

      
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    (b) Assignor
shall not terminate, grant concessions in connection with, modify or amend any
Lease without the prior written consent of Assignee except in accordance with
the terms of the Security Instrument;

     

    (c) Assignor
shall not collect or permit the prepayment of any Rent (other than Rents deemed
"additional rent" under Leases) more than one (1) month in advance of the date
on which it becomes due under the terms of any Lease (except that Assignor may
collect or permit collection of Security Deposits subject to and only in
accordance with the terms of the Security Instrument);

     

    (d) Except as
expressly permitted by the Security Instrument, Assignor shall not execute any
further pledge or assignment of any Rent or any interest therein or suffer or
permit any such assignment to occur by operation of law;

     

    (e) Assignor
shall faithfully perform and discharge all material obligations of the lessor
under the Leases substantially in accordance with the terms thereof, and shall
give prompt written notice to Assignee of any notice of Assignor’s default
received from a tenant and shall furnish Assignee with a complete copy of said
notice. Assignor shall appear in and defend any action or proceeding arising
under or in any manner connected with the Leases;

     

    (f) Assignor
shall not waive, excuse, condone, discount, set-off, compromise or in any manner
release or discharge any tenant under the Leases, of and from any material
obligations, covenants, conditions and agreements by said tenant to be kept,
observed and performed, including the obligation to pay Rents thereunder, except
as permitted by the Security Instrument;

     

    (g) Nothing
herein shall be construed to impose any liability or obligation on Assignee
under or with respect to the Leases. Neither this Assignment nor any action or
inaction on the part of Assignee shall, without the prior written consent of
Assignee, constitute an assumption on its part of any obligation under the
Leases; nor shall Assignee have any obligation to make any payment to be made by
Assignor under the Leases, or to present or file any claim, or to take any other
action to collect or enforce the payment of any amounts which have been assigned
to Assignee or to which it may be entitled hereunder at any time or times. No
action or inaction on the part of Assignee or its agents, employees, officers or
directors shall adversely affect or limit in any way the rights of Assignee
hereunder or under the Leases. Assignor shall indemnify and hold Assignee and
its agents, employees, officers or directors harmless from and against any and
all liabilities, losses and damages which Assignee or its agents, employees,
officers or directors may incur under the Leases or by reason of this Assignment
other than that resulting from Assignee’s gross negligence or willful
misconduct, and of and from any and all claims and demands whatsoever which may
be asserted against Assignee or its agents, employees, officers or directors by
reason of any alleged obligations to be performed or discharged by Assignee
under the Leases or this Assignment including, without limitation, any liability
under the covenant of quiet enjoyment contained in any of the Leases in the
event that any tenant shall have been joined as a party defendant in any action
to foreclose the Security Instrument and shall have been barred and foreclosed
thereby of all right, title and interest and equity of redemption in the
Property or any part thereof. Should Assignee or its agents, employees, officers
or directors incur any liability, loss or damage under the Leases or under or by
reason of this Assignment, except for liability, loss or damage resulting solely
from Assignee’s gross negligence or willful misconduct, Assignor shall
immediately upon demand reimburse Assignee, its agents, employees, officers or
directors for the amount thereof together with all costs and expenses and
reasonable attorneys’ fees incurred by Assignee or its agents, employees,
officers or directors. All of the foregoing sums shall bear interest from the
date so demanded until paid at the Default Rate. Any Rent collected by Assignee
or its agents may be applied by Assignee in its discretion in satisfaction of
any such liability, loss, damage, claim, demand, costs, expense or
fees;

     

    
      
        
        

      

      
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    (h) Any Rents
which may be received by Assignor hereafter relating to all or any portion of
the term of any Lease from and after the date hereof shall be promptly delivered
to Assignee to be applied pursuant to Section 3 hereof.

     

    Section
7. Event of
Default. The
occurrence of an Event of Default pursuant to the Security Instrument shall
constitute an event of default hereunder.

     

    Section
8. Additional Rights and
Remedies of Assignee. In
addition to all other rights and remedies provided herein, under the Loan
Documents, or otherwise available at law (including but not limited to those
provided for in Neb. Rev. Stat. §52-1705, or comparable provision) or in equity,
if an Event of Default occurs and is continuing, Assignee shall, in its sole
discretion, have the following rights and remedies, all of which are
cumulative:

     

    (a) Assignee
shall have the right at any time or times thereafter, at its sole election,
without notice thereof to Assignor, to enforce the terms of the Leases, to sue
for or otherwise collect the Rents, whether in Assignor’s or Assignee’s name, to
enter upon, take possession and manage and control the Leases and any other part
of the Property, with or without notice, either in person, by agent or by
court-appointed receiver, and to otherwise do any act or incur any costs or
expense as Assignee shall deem proper to protect the security hereof, as fully
and to the same extent as Assignor could do in possession, and in such event to
apply the Rents so collected to the operation and management of the Property, or
any part thereof, but in such order as Assignee may deem proper, and including
payment of reasonable management, brokerage and attorneys’ fees, in the name of
Assignor, Assignee, a nominee of Assignee, or in any or all of the said
names;

     

    (b) Assignee
shall have the right at any time or times, at its sole election, without notice
thereof, except such notice as may be expressly provided in the Security
Instrument, if any, to Assignor, to declare all sums secured hereby immediately
due and payable and, at its option, exercise any and/or all of the rights and
remedies contained in the Note, the Security Instrument and the other Loan
Documents; and

     

    (c) Assignee
shall have the right to assign all or any portion of Assignee’s right, title and
interest under this Assignment in any of the Leases to any subsequent holder of
the Note or any participating interest therein or to any Person acquiring title
to the Leases or any other portion of the Property through foreclosure or
otherwise. Any subsequent assignee shall have all the rights and powers herein
provided to Assignee.

     

    
      
        
        

      

      
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    Section
9. Additional
Security.
Assignee may take or release other security for the payment of the Debt, may
release any party primarily or secondarily liable therefor and may apply any
other security held by it to the satisfaction of such indebtedness, without
prejudice to any of its rights under this Assignment. Assignor shall from time
to time upon request of Assignee, specifically assign to Assignee, as additional
security for the payment of the Debt, by an instrument in writing in such form
as may be reasonably approved by Assignee, all right, title and interest of
Assignor in and to any and all Leases now or hereafter on or affecting the
Premises, together with all security therefor and all Rents payable thereunder,
subject to the terms hereof. Assignor shall also deliver to Assignee any
notification, financing statement or other document reasonably required by
Assignee to perfect the assignment as to any such Lease.

     

    Section
10. Absolute Assignment;
Release. The
assignment made hereby is an absolute and unconditional assignment of rights
only, and not a delegation of duties. The execution and delivery hereof shall
not in any way impair or diminish the obligations of Assignor under the
provisions of each and every Lease nor shall such execution and delivery cause
any of the obligations contained in the Leases to be imposed upon Assignee. The
assignment contained herein and all rights herein assigned to Assignee shall
cease and terminate as to all Leases and Rents upon the payment in full of the
Debt. In the event Assignee shall have in its possession any Rents or Security
Deposits after payment in full of the Debt, Assignee shall return or cause such
Rents and/or Security Deposits to be returned to Assignor in accordance with the
terms of the Security Instrument. In the event that the assignment contained
herein shall so terminate, Assignee shall, upon the written request of Assignor,
deliver to Assignor a termination of this Assignment which shall be in
recordable form, together with a notice to tenants of the Premises instructing
such tenants to make all future payments of Rent to Assignor or to such other
Person as Assignor may direct.

     

    Section
11. Effect on Rights Under Other
Documents. Nothing
contained in this Assignment and no act done or omitted by Assignee pursuant to
the powers and rights granted it hereunder shall be deemed to be a waiver by
Assignee of its rights and remedies under the Loan Documents, and this
Assignment is made and accepted without prejudice to any of the rights and
remedies possessed by Assignee under the terms of the Loan Documents. The right
of Assignee to collect the Debt and to enforce any other security therefor held
by it may be exercised by Assignee either prior to, simultaneously with, or
subsequent to any action taken by it hereunder. This Assignment is intended to
be supplementary to and not in substitution for or in derogation of any
assignment of rents contained in the Security Instrument or in any other
document.

     

    Section
12. Further
Assurances.
Assignor hereby agrees that it shall, whenever and as often as it shall be
reasonably requested to do so by Assignee, execute, acknowledge and deliver, or
cause to be executed, acknowledged, and delivered, in form and substance
reasonably acceptable to Assignee, any and all such further conveyances,
instruments, documents, approvals, consents, and memoranda of the other
documents and to do any and all other acts as may be reasonably necessary or
appropriate to effectuate the terms of this Assignment. This Assignment or a
memorandum hereof may be recorded by Assignee at any time.

     

    
      
        
        

      

      
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    Section
13. No Waiver. A
waiver by Assignee of any of its rights hereunder or under the Leases or of a
breach of any of the covenants and agreements contained herein to be performed
by Assignor shall not be construed as a waiver of such rights in any succeeding
instance or of any succeeding breach of the same or other covenants, agreements,
restrictions or conditions. No waiver by Assignee hereunder shall be effective
unless in writing.

     

    Section
14. Marshalling.
Notwithstanding the existence of any other security interest in the Property or
any part thereof held by Assignee or by any other party, Assignee shall have the
right to determine the order in which any of the Leases or any other portion of
the Property shall be subjected to the remedies provided herein. Assignee shall
have the right to determine the order in which any or all portions of the Debt
are satisfied from the proceeds realized upon the exercise of the remedies
provided herein. Assignee and any Person who now or hereafter acquires a
security interest in any of the Leases or any other portion of the Property and
who has actual or constructive notice hereof hereby waives, to the extent
permitted by law, any and all right to require the marshalling of assets in
connection with the exercise of any of the remedies permitted by applicable
Legal Requirements or provided herein.

     

    Section
15. Notices. All
notices, demands, requests, consents, approvals or communications required under
this Assignment shall be in writing and shall be deemed to have been properly
given if delivered in accordance with the provisions of the Security Instrument
at the addresses set forth in the Security Instrument. To the extent that any
tenant under any of the Leases shall request under Neb. Rev. Stat. §552-1706
reasonable proof of the Assignment, Assignor agrees that a photocopy of this
recorded Assignment shall constitute sufficient proof that an assignment has
been made.

     

    Section
16. Counterparts;
Construction. This
Assignment may be executed in any number of counterparts and shall be deemed to
have become effective when and only when one or more of such counterparts shall
have been signed by or on behalf of each of the parties hereto, although it
shall not be necessary that any signed counterpart be signed by or on behalf of
each of the parties hereto, and all such counterparts shall be deemed to
constitute but one and the same instrument.

     

    Section
17. Governing Law;
Severability. This
Assignment shall be governed by and construed under the laws of the state in
which the Property is situated, except to the extent that any of such laws may
now or hereafter be preempted by Federal Law, in which case such Federal Law
shall so govern and be controlling and enforced as if all such illegal, invalid
or unenforceable provisions had never been inserted herein.

     

    Section
18. Modification. This
Assignment may not be modified or amended except by written agreement of the
parties.

     

    Section
19. Binding
Agreement.
Assignee may, from time to time, without notice to Assignor, assign, transfer or
convey this Assignment and the other Loan Documents or all or any of its
interest hereunder or under all or any of the other Loan Documents and,
notwithstanding any such assignment, transfer or conveyance, this Assignment and
the other Loan Documents shall remain in full force and effect. This Assignment
shall be binding upon Assignor, its successors and assigns, and shall inure to
the benefit of Assignee and its successors and assigns.

     

    
      
        
        

      

      
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    Section
20. TRIAL BY
JURY.
ASSIGNOR HEREBY WAIVES THE RIGHT TO ASSERT A COUNTERCLAIM, OTHER THAN A
COMPULSORY COUNTERCLAIM, IN ANY ACTION OR PROCEEDING BROUGHT AGAINST IT BY
ASSIGNEE OR ITS AGENTS AND WAIVES TRIAL BY JURY IN ANY ACTION OR PROCEEDING
INCLUDING, WITHOUT LIMITATION, ANY TORT ACTION, BROUGHT BY EITHER PARTY HERETO
AGAINST THE OTHER OR IN ANY COUNTERCLAIM ASSIGNOR MAY BE PERMITTED TO ASSERT
HEREUNDER OR WHICH MAY BE ASSERTED BY ASSIGNEE OR ITS AGENTS AGAINST ASSIGNOR OR
IN ANY MATTERS WHATSOEVER, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ASSIGNOR,
THIS ASSIGNMENT, THE NOTE, THE SECURITY INSTRUMENT OR ANY OF THE OTHER LOAN
DOCUMENTS.

     

    Section
21. Bankruptcy.


     

    (a) Upon or
at any time after the occurrence of and during the continuance of an Event of
Default, Assignee shall have the right to proceed in its own name or in the name
of Assignor in respect of any claim, suit, action or proceeding relating to the
rejection of any Lease, including, without limitation, the right to file and
prosecute, to the exclusion of Assignor, any proofs of claim, complaints,
motions, applications, notices and other documents, in any case in respect of
the lessee under such Lease under the Bankruptcy Code.

     

    (b) If there
shall be filed by or against Assignor a petition under the Bankruptcy Code, and
Assignor, as lessor under any Lease, shall determine to reject such Lease
pursuant to Section 365(a) of the Bankruptcy Code, then Assignor shall give
Assignee not less than ten (10) days’ prior notice of the date on which Assignor
shall apply to the bankruptcy court for authority to reject the Lease. Assignee
shall have the right, but not the obligation, to serve upon Assignor within such
ten-day period a notice stating that (i) Assignee demands that Assignor assume
and assign the Lease to Assignee pursuant to Section 365 of the Bankruptcy Code
and (ii) Assignee covenants to cure or provide adequate assurance of future
performance under the Lease. If Assignee serves upon Assignor the notice
described in the preceding sentence, Assignor shall not seek to reject the Lease
and shall comply with the demand provided for in clause (i) of the preceding
sentence within thirty (30) days after the notice shall have been given, subject
to the performance by Assignee of the covenant provided for in clause (ii) of
the preceding sentence.

     

    * * * *
*

     

    
      
        
        

      

      
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    IN
WITNESS WHEREOF, Assignor has executed this Assignment on the day and year first
hereinabove set forth.

     

    
      	 	 	 
	 	
              LVP
      OAKVIEW STRIP CENTER LLC,

              a
      Delaware limited liability company

            
	 
 	 
 	 
 
	 	By:  	David
      Lichtenstein 
	 	
              

              Name:
      David Lichtenstein

              Title:
      President

            
	 	 
	 	
              c/o
      The Lightstone Group

              326
      Third Street

              Lakewood,
      New Jersey 08701

            


    

     

    
      
        
        

      

      
        
        

        
          

        

      

      
        
        

      

    

     

    
      	STATE OF NEBRASKA	)
	 	) ss.
	COUNTY OF _____________	)


    

     

    The
foregoing instrument was acknowledged before me this ______ day of December,
2006 by David Lichtenstein as President of LVP OAKVIEW STRIP CENTER LLC, a
Delaware limited liability company, on behalf of the limited liability
company.

     

    
      
        
        

      

      
        
        

        
          

        

      

      
        
        

      

    


    EXHIBIT
A

     

    (Legal
Description)

     

    Attached
to and forming a part of file number: CRS22144

     

    Parcel
1:

     

    Lots 1,
2, 13 and 14, Oak View Plaza 3rd Platting, an Addition to the City of Omaha, as
surveyed, platted and recorded in Douglas County, Nebraska, EXCEPT that part of
said Lot 13 dedicated for street widening as filed within Book 1280 at Page 429
of the Miscellaneous Records of Douglas County, Nebraska.

     

    Together
with Reciprocal Access, Parking and Utility rights as set forth in Declaration
of Protective Covenants recorded in Book 815 at Page 326 and Amendment to
Declaration of Protective Covenants recorded in Book 1019 at Page 142 and in
Declaration of Covenants, Easements and Restrictions recorded in Book 1030 at
Page 603 and First Amendment to Declaration of Covenants, Easements and
Restrictions recorded in Book 1049 at Page 336, and Second Amendment to
Declaration of Covenants recorded May 17, 2006 as Instrument
No.2005056364;

     

    And also
together with rights of ingress and egress as set forth upon the Plat of Oak
View Plaza (3rd Platting), filed September 19,1996 in Book 2043 at Page 318 of
the Deed Records; And also together with Beneficial RIGHT-OF-WAY EASEMENT,
recorded June 25,1987 in Book 818 at Page 626 of the Miscellaneous
Records

     

    And
together with SANITARY, STORM SEWER AND UTILITY EASEMENT recorded September 11,
1992 in Book 1030 at Page 645 of the Miscellaneous Records;

     

    And also
Together with SANITARY, STORM SEWER AND UTILITY EASEMENT and recorded November
23, 1992 in Book 1043 at Page 701 of the Miscellaneous Records; And also
together with Permanent Building Encroachment Easement set forth by instrument
filed August 22, 2000 in Book 1348 at Page 702

     

    all of
the Records of Douglas County, Nebraska; subject to all liens and encumbrances
affecting the same.

     

    Parcel
2:

     

    Lot 1,
Oak View Plaza (3rd Platting) Replat Three, an Addition to the City of Omaha, as
surveyed, platted and recorded in Douglas County, Nebraska.

     

    Together
with Reciprocal Access, Parking and Utility rights as set forth In Declaration
of Protective Covenants recorded in Book 815 at Page 326 and Amendment to
Declaration of Protective Covenants recorded in Book 1019 at Page 142 and in
Declaration of Covenants, Easements and Restrictions recorded In Book 1030 at
Page 603 and First Amendment to Declaration of Covenants, Easements and
Restrictions recorded in Book 1049 at Page 336, and Second Amendment to
Declaration of Covenants recorded May 17, 2006 as Instrument
No.2005056364;

     

    
      
        
        

      

      
        
        

        
          

        

      

      
        
        

      

    

    And
together with rights of ingress and egress as set forth upon the Plat of Oak
View Plaza (3rd Platting), filed September 19, 1996 in Book 2043 at Page 318 of
the Deed Records; and also together with Reciprocal Access, Parking and rights
of ingress/egress as set forth within the Reciprocal Easement Agreement recorded
September 19,1997 in Book 1222 at Page 699;

     

    and also
together with Beneficial RIGHT-OF-WAY EASEMENT recorded June 25,1987 in Book 818
at Page 626 of the Miscellaneous Records;

     

    and also
together with SANITARY, STORM SEWER AND UTILITY EASEMENT recorded September 11,
1992 in Book 1030 at Page 645 of the Miscellaneous Records; and also Together
with SANITARY, STORM SEWER AND UTILITY EASEMENT recorded November 23, 1992 in
Book 1043 at Page 701 of the Miscellaneous Records;

     

    and also
together with non-exclusive easement rights set forth within Deed of Easement
for Subsurface Construction Elements set forth within the instrument filed
September 14, 2004 as instrument number 2004122176 all of the Records of Douglas
County, Nebraska; subject to all liens and encumbrances affecting the
same.

     

    Parcel
3:

     

    Lot 1,
Oak View Plaza (3rd Platting) Replat Four, an Addition to the City of Omaha, as
surveyed, platted and recorded in Douglas County, Nebraska.

     

    Together
with Reciprocal Access, Parking and Utility rights as set forth in Declaration
of Protective Covenants recorded in Book 815 at Page 326 and Amendment to
Declaration of Protective Covenants recorded in Book 1019 at Page 142 and in
Declaration of Covenants, Easements and Restrictions recorded in Book 1030 at
Page 603 and First Amendment to Declaration of Covenants, Easements and
Restrictions recorded in Book 1049 at Page 336,

     

    and
Second Amendment to Declaration of Covenants recorded May 17, 2006 as Instrument
No.2005056364;

     

    and also
together with rights of ingress and egress as set forth upon the Plat of Oak
View Plaza (3rd Platting), filed September 19,1996 in Book 2043 at Page 318 of
the Deed Records;

     

    and also
together with Reciprocal Access, Parking and rights of ingress/egress as set
forth within the Reciprocal Easement Agreement recorded September 19, 1997 in
Book 1222 at Page 699;

     

    and also
together with Beneficial RIGHT-OF-WAY EASEMENT, recorded June 25,1987 in Book
818 at Page 626 of the Miscellaneous Records;

     

    and also
together with SANITARY, STORM SEWER AND UTILITY EASEMENT recorded September 11,
1992 in Book 1030 at rage 645 of the Miscellaneous Records;

     

    
      
        
        

      

      
        
        

        
          

        

      

      
        
        

      

    

    and also
Together with SANITARY, STORM SEWER AND UTILITY EASEMENT recorded November 23,
1992 in Book 1043 at Page 701 of the Miscellaneous Records;

     

    and also
together with non-exclusive easement rights set forth within Deed of Easement
for Subsurface Construction Elements set forth within the instrument filed May
17, 2005 as instrument number 2005056363, as further amended pursuant to the
Amended Deed of Easement for Subsurface Construction Elements filed July 1, 2005
as instrument number 2005076870, all of the Records of Douglas County, Nebraska;
subject to all liens and encumbrances affecting the same.