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<br /> I�IISCEL�I�AN�OUS RECORD V -
<br /> 29058-TH[AUOOSTINECO.CRIINDIBLIIND,NEBR. � � � �� �
<br /> in further consideration of the su.m of One Dollar, receipt of which is hereby acknow�edged,
<br /> said first parties do hereby assign and convey unto the second party, its successors and
<br /> assigns, all of the renta, issues and profits from the real estate above described, now due
<br /> and which may hereafter become due under or by vir�ue of any written or verbal lease, sub�ect
<br /> to the following terms and conditions, to-wit:
<br /> If any installment of principal or in�eres� on said loan sha11 become and remain delin-
<br /> quent for a period of twenty days, or if the taxes or special assessments shall become de-
<br /> linquent, or if default be made in the payment of fire or tornado inaurance premiums, or in
<br /> the performance of any other of the covenants and agreements conta3.ned in the mortgage above
<br /> referred to, the part�ies of the f irst part, their successora or assigns sha1l deliver to
<br /> the said second party or its assigns, all e xisting leases to said above deacribed premises,
<br /> and this assignment of rents ahall be construed as an assignment of all such leasea to the
<br /> �aid second party, and said second party or its assigna is authorized as the agent of the
<br /> aaid first par�i�s; To collect the r�nts from said property; to e�ect tenants for breach of
<br /> the conditions of their leases, and without any obligation so �o do, to enter into leases
<br /> with, and to lease said property or any p�rt thereof to tenants, at such rental and upon
<br /> such terms as said second party or its assi�ns may determine; to sue for unpaid rents in
<br /> the na,me of the Pirst parti�s, or in the nax.ne of '�he second party or its assigns; to com-
<br /> promise and give acquittan�e Por such rental as may be duE at the '�ime this assignmen� ta.kes
<br /> effect, or thereafter, upon such basis as sa3.d seeond party or it$ aasigns may determine.
<br /> For its services as auch agent, the par�y of the second part or its assigns shall receive
<br /> the uaual and customary fees for such services in effect in the City of Grand Island, Nebraska,
<br /> at the time aaid services are performed.
<br /> The rents and brofits coll�cted by �aid second party or its assigns, as such agent,
<br /> ahall be applied as follows:
<br /> l. To the payment of the operating expense of said propert3T, including cost of
<br /> management and established claims for damages, if any, and premiums on such f ire, tornado
<br /> and liability insurance as the said second party or its assigns may deem nee�ssary.
<br /> 2. To the paym�nt for aervices and expenees in eonnection_wi�h �he rental of said
<br /> premises, includ3.ng attorney� s fees incurred by the s�id. second party or its a�signs, in
<br /> cannection with the enforcement of this agreement.
<br /> 3. To �he pa�rment of taxes and special asseg�ments which may become due and delinquent
<br /> on said property.
<br /> �. To the payment of billa for reasonable and neeessary repairs on said prope�ty.
<br /> 5. mo the payment of interest on �aid loan, which may become due and dellnquent.
<br /> 6. To the payment of any installment of principal of said loan which may become due and
<br /> dellnquent.
<br /> 7. Any amount remaining after payments have been made as abo�e provided aha�l be paid
<br /> to the parties of the first par'G,
<br /> 8. It is further understood and agreed that while this asqignment is in force and
<br /> effect, the said parties of the f irst part �hall not be relieved Prom the performance of
<br /> any of the obligations of oti,mers of the premiges, or any of the co�renants or agreements
<br /> contained in the mortgage above referred to, or in any lease or l�ases o�' the above des-
<br /> cribed premises, or any part th�reof, nor shall said f irst parties be relieved from any
<br /> liabil.ity for darnages on account of in�uriea sustained by any person or persons on, in,
<br /> or about said premises, Por which sa.id first parties would be liable, but for this aasignment,
<br /> said parties of the firat part further under�tand and agree that the s�cond party or ite
<br /> asaigns is acting solely as the agent vf said first parties in whatever sa.id second party
<br /> or its assigns does in connection �rith the premises, and that said second party as�umes no
<br /> i lia�ility in any other capaci'Gy.
<br /> This assignment is to remain in full foree and effect and is to be binding upon the
<br /> successors or assigns of the parties of the first part until the indebtedness secured by
<br /> said above descriiaed mortgage ahall be fully pa�d, or until such time as this instrument
<br /> may be voluntar�.ly released by the seco�d party, its succeasors or assigns.
<br /> IN WITNESS WHEREOF, said first parties have hereunto affixed their si�natures this llth
<br /> day of May, 19�F8.
<br /> Elfrieda Bartenbach
<br /> e en onne
<br /> nne
<br /> . = orge W Bartenbach
<br /> 1�nrg.tl�v I. Bartenbach
<br /> _He.n�ietta Hartenbach�$aer
<br /> STATE OF NEBRAaSKA � On thia llth day of Ma.y, 1948, before me, the undersigned, a Notary
<br /> COUNTY OF HALL ss' Public, duly qualified for and residing in said Caunty, personally
<br /> ap4�eared He1en Connell and W.W. Connell, wife and huaband, George W. Bartenbach and Dorothy
<br /> I. Bartenbach, husband and wife, and Henrietta Bartenbach Baer, a widow, to me knc�n to be
<br /> the identieal persons who executed the foregoing ass�gnment as parties of the f.3.rst part, an�
<br /> they acknowledgec� �aid instrument to be their voluntary �,ct and deed.
<br /> WITNESS my hand and notarial seal, the day and year last above written.
<br /> �dith Thom� son
<br /> � (SEAL) —'�To�ary u • c
<br /> My comrnission expires Ma.y 19, 1951
<br /> STATE OF NEBRASKA )$S� On this 11'�h day of May, lg�$, before me, the und�rsigned, a
<br /> C�UNTY OF HALL ) Notary Publlc, duly qualif3.ed for and residing in said County,
<br /> personally appeared Elfrieda Bartenbach, a widovr, who is known to me to be the identical
<br /> person ?-Jho executed the foregoing assignment as one of the partiea of the first part, and
<br /> she acknowledged said instrument to be her volunta,ry act and deed.
<br /> WITNESS my hand and notarial sea1, the day and year last abov� written.
<br /> (SEAL) Edith Thompson
<br /> My comr�ission expires May 19,195Z � �l(tar��
<br /> Filed for record this llth day of May, 19�8, at 2:00 o� clock P.M.
<br /> Register of eed •�
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