Laserfiche WebLink
WHEN RECORDED MAIL TO: <br />Equitable Bank <br />Diers Avenue Branch <br />PO Box 160 <br />Grand Island, NE 68802-0160 FOR RECORDER'S USE ONLY <br />ASSIGNMENT OF RENTS <br />THIS ASSIGNMENT OF RENTS dated June 1, 2012, is made and executed between <br />LONGLEAF, L.L.C., whose address is 3032 WEST STOLLEY PARK RD SUITE E, GRAND <br />ISLAND, NE 68801; a Nebraska Limited Liability Company (referred to below as "Grantor) and <br />Equitable Bank, whose address is PO Box 160, Grand Island, NE 68802-0160 (referred to <br />below as "Lender"). <br />ASSIGNMENT. For valuable consideration, Grantor hereby assigns, grants a continuing security <br />interest in, and conveys to Lender all of Grantor's right, title, and interest in and to the Rents <br />from the following described Property located in Hall County, State of Nebraska: <br />Lot One (1), Block Eight (8), Replat, Continental Gardens, an Addition to the City of Grand <br />Island, Hall County, Nebraska. <br />The Property or its address is commonly known as 3033 W Capital Ave, Grand Island, NE <br />68803. The Property tax identification number is 400038935. <br />CROSS -COLLATERALIZATION. In addition to the Note, this Assignment secures all obligations, debts and liabilities, <br />plus interest thereon, of either Grantor or Borrower to Lender, or any one or more of them, as well as all claims by <br />Lender against Borrower and Grantor or any one or more of them, whether now existing or hereafter arising, whether <br />related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or <br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Grantor <br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or <br />otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of <br />limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise <br />unenforceable. <br />FUTURE ADVANCES. In addition to the Note, this Assignment secures all future advances made by Lender to Borrower <br />or Grantor whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this <br />Assignment secures, in addition to the amounts specified in the Note, all future amounts Lender in .its discretion may <br />loan to Borrower or Grantor, together with all interest thereon. <br />THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY <br />AND ALL OBLIGATIONS OF BORROWER AND GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED <br />DOCUMENTS_ THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS_ <br />GRANTOR'S WAIVERS_ Grantor waives all rightsor defenses arising by reason of any -one action- or -anti-deficiency- <br />law, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for <br />deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement <br />or completion of any foreclosure action, either judicially or by exercise of a power of sale_ <br />BORROWER'S WAIVERS AND RESPONSIBILITIES_ Lender need not tell Borrower about any action or inaction Lender <br />takes in connection with this Assignment. Borrower assumes the responsibility for being and keeping informed about <br />the Property. Borrower waives any defenses that may arise because of any action or inaction of Lender, including <br />without limitation any failure of Lender to realize upon the Property, or any delay by Lender in realizing upon the <br />Property. Borrower agrees to remain liable under the Note with Lender no matter what action Lender takes or fails to <br />take under this Assignment. <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 <br />Grantor's obligations under this Assignment. Unless and until Lender exercises its right to collect the Rents as provided <br />below and so long as there is no default under this Assignment, Grantor may remain in possession and control of and <br />operate and manage the Property and collect the Rents, provided that the granting of the right to collect the Rents shall <br />not constitute Lender's consent to the use of cash collateral in a bankruptcy proceeding. <br />GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: <br />Ownership. Grantor is entitled to receive the Rents free and clear of all rights, loans, liens, encumbrances, and <br />claims 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 <br />convey 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 <br />M <br />m <br />N <br />Q� <br />mn' <br />n ;) <br />IV <br />cD <br />z m <br />m <br />Iv m <br />,ZOjo <br />C <br />�O <br />O <br />C) <br />O <br />Z <br />OTz <br />D <br />N Cl)cn <br />ZD -h <br />C) O <br />O <br />2M <br />Z <br />n j <br />�DW <br />� <br />m,A m <br />- <br />�D <br />Cr <br />M p <br />� <br />cn <br />o c <br />0 <br />N Z7 <br />m <br />Qo <br />o <br />o <br />Cl)z <br />w <br />z <br />O <br />WHEN RECORDED MAIL TO: <br />Equitable Bank <br />Diers Avenue Branch <br />PO Box 160 <br />Grand Island, NE 68802-0160 FOR RECORDER'S USE ONLY <br />ASSIGNMENT OF RENTS <br />THIS ASSIGNMENT OF RENTS dated June 1, 2012, is made and executed between <br />LONGLEAF, L.L.C., whose address is 3032 WEST STOLLEY PARK RD SUITE E, GRAND <br />ISLAND, NE 68801; a Nebraska Limited Liability Company (referred to below as "Grantor) and <br />Equitable Bank, whose address is PO Box 160, Grand Island, NE 68802-0160 (referred to <br />below as "Lender"). <br />ASSIGNMENT. For valuable consideration, Grantor hereby assigns, grants a continuing security <br />interest in, and conveys to Lender all of Grantor's right, title, and interest in and to the Rents <br />from the following described Property located in Hall County, State of Nebraska: <br />Lot One (1), Block Eight (8), Replat, Continental Gardens, an Addition to the City of Grand <br />Island, Hall County, Nebraska. <br />The Property or its address is commonly known as 3033 W Capital Ave, Grand Island, NE <br />68803. The Property tax identification number is 400038935. <br />CROSS -COLLATERALIZATION. In addition to the Note, this Assignment secures all obligations, debts and liabilities, <br />plus interest thereon, of either Grantor or Borrower to Lender, or any one or more of them, as well as all claims by <br />Lender against Borrower and Grantor or any one or more of them, whether now existing or hereafter arising, whether <br />related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or <br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Grantor <br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or <br />otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of <br />limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise <br />unenforceable. <br />FUTURE ADVANCES. In addition to the Note, this Assignment secures all future advances made by Lender to Borrower <br />or Grantor whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this <br />Assignment secures, in addition to the amounts specified in the Note, all future amounts Lender in .its discretion may <br />loan to Borrower or Grantor, together with all interest thereon. <br />THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY <br />AND ALL OBLIGATIONS OF BORROWER AND GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED <br />DOCUMENTS_ THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS_ <br />GRANTOR'S WAIVERS_ Grantor waives all rightsor defenses arising by reason of any -one action- or -anti-deficiency- <br />law, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for <br />deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement <br />or completion of any foreclosure action, either judicially or by exercise of a power of sale_ <br />BORROWER'S WAIVERS AND RESPONSIBILITIES_ Lender need not tell Borrower about any action or inaction Lender <br />takes in connection with this Assignment. Borrower assumes the responsibility for being and keeping informed about <br />the Property. Borrower waives any defenses that may arise because of any action or inaction of Lender, including <br />without limitation any failure of Lender to realize upon the Property, or any delay by Lender in realizing upon the <br />Property. Borrower agrees to remain liable under the Note with Lender no matter what action Lender takes or fails to <br />take under this Assignment. <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 <br />Grantor's obligations under this Assignment. Unless and until Lender exercises its right to collect the Rents as provided <br />below and so long as there is no default under this Assignment, Grantor may remain in possession and control of and <br />operate and manage the Property and collect the Rents, provided that the granting of the right to collect the Rents shall <br />not constitute Lender's consent to the use of cash collateral in a bankruptcy proceeding. <br />GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: <br />Ownership. Grantor is entitled to receive the Rents free and clear of all rights, loans, liens, encumbrances, and <br />claims 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 <br />convey 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 <br />