|
N p� H
<br /> mm o cy m
<br /> 1 n- w z N m
<br /> 1 p o 0 m M O D
<br /> to 0O W TZ w CD
<br /> N Zn-n N =m o z
<br /> rn Tj 0 6� DC 0)
<br /> rmTl C)m t"� - r>
<br /> U' 0
<br /> 0 m
<br /> oo IV (n Z
<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 February 20, 2013, is made and executed between
<br /> TINTAM INVESTMENTS, LLC, whose address is 2211 WOODRIDGE CT, GRAND ISLAND, NE
<br /> 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 SEVENTEEN (17) IN BLOCK THREE (3) IN MEVES FIRST ADDITION TO THE CITY OF
<br /> GRAND ISLAND, HALL COUNTY, NEBRASKA
<br /> The Property or its address is commonly known as 616 MEMORIAL DR, GRAND ISLAND, NE
<br /> 68801. The Property tax identification number is 400062704.
<br /> CROSS-COLLATERALIZATION. In addition to the Note, this Assignment secures all obligations, debts and liabilities,
<br /> plus interest thereon,of Grantor to Lender,or any one or more of them,as well as all claims by Lender against Grantor
<br /> or any one or more of them,whether now existing or hereafter arising,whether related or unrelated to the purpose of
<br /> the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined,
<br /> absolute or contingent, liquidated or unliquidated, whether Grantor may be liable individually or jointly with others,
<br /> whether obligated as guarantor,surety,accommodation party or otherwise,and whether recovery upon such amounts
<br /> may be or hereafter may become barred by any statute of limitations,and whether the obligation to repay such amounts
<br /> may be or hereafter may become otherwise unenforceable.
<br /> FUTURE ADVANCES. In addition to the Note,this Assignment secures all future advances made by Lender to Grantor
<br /> whether or not the advances are made pursuant to a commitment. Specifically, without limitation,this Assignment
<br /> secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to
<br /> 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 GRANTOR UNDER THE NOTE,THIS ASSIGNMENT, AND THE RELATED DOCUMENTS.
<br /> THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<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 /> Rents except as provided in this Assignment.
<br /> LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS. Lender shall have the right at any time, and even though no
<br /> default shall have occurred under this Assignment,to collect and receive the Rents. For this purpose,Lender is hereby
<br /> given and granted the following rights,powers and authority:
<br /> Notice to Tenants. Lender may send notices to any and all tenants of the Property advising them of this
<br /> Assignment and directing all Rents to be paid directly to Lender or Lender's agent.
<br /> Enter the Property. Lender may enter upon and take possession of the Property;demand,collect and receive from
<br /> the tenants or from any other persons liable therefor,all of the Rents; institute and carry on all legal proceedings
<br /> necessary for the protection of the Property, including such proceedings as may be necessary to recover
<br /> possession of the Property;collect the Rents and remove any tenant or tenants or other persons from the Property.
<br />
|