|
. 5•
<br /> _ � , � y
<br /> . .-s Z b
<br /> � � � � N .
<br /> _
<br /> � �
<br /> s� � � o c D ,�,
<br /> � � r-�rt z --1 N rn
<br /> rn � G�o --� rn
<br /> c'� -�C � � .-��-
<br /> Cj} o� � O '*, O �
<br /> -r, -t, Z
<br /> a O d
<br /> "� n� � � D W O N
<br /> Q �� r �
<br /> u, �, r �n ►-+ �
<br /> t--� �c f--� �
<br /> � `.� � �
<br /> 20000lis� � �
<br /> �, �
<br /> � �
<br /> z
<br /> 0
<br /> _��� Assignments Of Leases �
<br /> �BANKS And Ren ts ' ,
<br /> ' (Nebraskal �
<br /> This Assignmenr is made this Februarv 7 2000 a
<br /> , between
<br /> Russell J. Martinez
<br /> (the "Assignor"J, a(n/ indiv].dual and
<br /> Norwest Bank Nebraska National Association
<br /> lthe "Assignee"1, a national banking association.
<br /> [� The Assigno�has executed and delivered to the Assignee iis promissory note dated February 7, 2 0 0 0 in the original
<br /> principal amount of S_ 100, 000.00 and any exiensions, renewals o�modifications thereof/the "Note"1.
<br /> � The Assignor has executed and delivered to the Assignee its guaranty dated in favor of the Assignee for
<br /> the benefit of
<br /> lthe "Borrower")in the amount of S and any replacements or substitutions thereof lthe "Guaranty"J.
<br /> To secure payment of the obligation described above(the "Obligation"/, the Assignor has executed and delivered to the Assignee a
<br /> deed of trust("Deed of Trust"l dated FebY'aury 7 2000 , covering certain property("Tiust Property"1 including, among other things,
<br /> the rea!estate described in the attached Exhibit A and the buildings, improvements, fixtures and personal property now or in the future
<br /> located thereon.
<br /> The Assignee has�equired ihe execution of this Assignment as a conditron to making or accepting the Obligation.
<br /> ACCORDINGLY, in consideration of the premises and other good and valuab/e consideration, the Assignor does he�eby grant, transfer
<br /> and assign to the Assignee all of the Assigno�'s�ight, tit/e and inte�est in and to (iJ any and all p�esent or future leases or tenancies, whether
<br /> wriiten o�oral, covering oi affecting any or all of the Trust Property, together with any and al1 extensions, modifications and renewals thereof
<br /> leach, a "Lease"and collectively, the "Leases"/, and(ii)all rents,profits and other income or payments of any kind due o�payable or to
<br /> become due or payab/e to the Assigno�as the resu/t of any use,possession or occupancy of a//or any portion of the Trust Property or as the
<br /> resu/t of the use of or lease of any personalproperry constituting a part of the Ttust Property, wheiher accruin�befvre�r after foroc%su�e nf
<br /> the Deed of Trust or du�ing the period of redemption thereof("Rents"1, all for the purpose of securing /a)payment of all indebtedness
<br /> evidenced by the Obligation and all other sums secured by the Deed of Tiust;and(bl performance and discharge of each and every
<br /> obligation, covenant and agreement of the Assignor contained he�ein and in the Deed of Trust.
<br /> The Assignor warrants and covenants thar Assignor is and will remain the absolute owner of the Rents and Leases free and c%ar of all
<br /> liens and encumbrances other than the lien granted herein, that Assignor has not previously assigned or otherwise encumbered the
<br /> Assignor's interest in any of the Rents or Leases to any other person; thai Assignor has ihe right under app/icab/e/aw, under the Leases and
<br /> otherwise to execute and deliver this Assignment and to keep and perform all obligations hereunder;and that Assignor will warrant and
<br /> defend the Leases and Rents against all adverse claims, whether now existing oi late�arising.
<br /> The Assignor further covenants and ag�ees as fol%ws:
<br /> 1. PERFORMANCE OF LEASES. The Assignor will faithfully abide by,pe�form and discharge each and every obligation, covenant and
<br /> agreement which it now is or hereafter becomes liable to observe or perform under any present or future Lease, and, at the Assignor's
<br /> sole cost and expense, wi!l enforce or secure the performance of each and every obligation, under each and eve�y Lease. The Assignor
<br /> wi//observe and comp/y with a!/p�ovisions of/aw applicab/e to the operation and owne�ship of the Tiust Property. The Assignor wi//give
<br /> prompt w�itten notice to the Assignee of any notice of default on the part of the Assignor with respect to the Lease received from the
<br /> tenant thereunder, and will also at Assignor's so%cost and ezpense, appear in and defend any action or proceeding arising under,
<br /> growing out of or in any manner connected with any Lease or the obligations, duties or liabilities of the Assignor or any tenant thereunder.
<br /> The Assignor wi//not/ease or otherwise permit the use of a//or any portion of the Tiust Property for rent that is be/ow the fair market
<br /> rent for such property.
<br /> 2. COLLECTION OF RENTS/N ADVANCE. The Assignor will not collect or accept any Rents for the use or occupancy of the Trust P�operty
<br /> for more than one month in advance. Security deposiis shall not be deemed Rents for purposes of this paragraph.
<br /> 3. PROTECTING THE SECURITY OF THIS ASSIGNMENT Should the Assigno�fail to perform or observe any covenant or agreement
<br /> contained in this Assignment, then the Assignee may(but shall have no obligation tol make or do the same in such manner and to such
<br /> extent as the Assignee may deem appropriate to proteci the secu�ity hereof. The rrghts of the Assignee hereunder shall include but not
<br /> be limited to liJ the right to appea�in and defend any action or proceeding pu�porting to affect the security hereof o�the rights o�powers
<br /> of the Assignee, (iiJ the right to perform and discharyc�each and every ob/igation, covenant and agreement of the Assignor contained in
<br /> the Lease, and liiil the�ight, in exercising any o.*"tte uth,ar riyhts granted h�=•eunder, to pa;necessary costs and expenses, employ
<br /> counsel and pay reasonable attorneys'fees. The Assignor shall pay on demand all sums expended by the Assignee pu�suant to this
<br /> paragraph, together with interest the�eon at;he rate stated by the Note or the rate stated in the most recent obligation covered by the
<br /> Guaranty, and the same shall be added to the Obligation secured he�eby and by the Deed of Trust.
<br /> 4. PRESENT ASSIGNMENT. This Assignment shall constitute a perfected, absolute and present assignment;provided that the Assignor shall
<br /> have ihe right to collect all of the Rents lsubject to the Section entitled "Collection of Rents in Advance"1 and to retain, use and enjoy the
<br /> same unti/an Event of Defau/t occu�s under the Deed of Trust or the Assignor breaches any warranty or covenant contained in this
<br /> Assignment. Any Rents accruing p�ior to an Event of Default under the Deed of Trust but paid thereafter shall be paid to the Assignee.
<br /> 5. SURVIVAL OF OBLIGATION. This Assignment is given as security in addition to the Deed of Trust. All of the Assignor's obligations under
<br /> the Deed of Trust and this Assignment shall survive fo�eclosure of the Deed of Trust. The Assigno�shall observe and comply with all
<br /> terms and conditions contained in the Deed of Trust and in this Assignment and sha//prec/ude any Event of Defau/t from occurring under
<br /> the Deed of Trust during the period of redemption fol%wing forec%sure of the Deed of Trust.
<br /> 6. DEFAULT,•REMEDIES. Upon the occurrence of any Event of Default specified in the Deed of Trust or upon the breach of any warranty or
<br /> covenant contained in this Assignment, the Assignee may, at its option:
<br /> /aJ in the name,place and stead of the Assignor and as the Assignee in its sole discretion deems app�opriate (i/enter upon, manage and
<br /> operate the Trust Property or retain the services of one or more independent contractors to manage and operate a!/or any part of the
<br /> Trust Property; /ii/make, enforce, modify and acr_.ept surrender of the Leases; (iii/obtain or evict tenants, co/%ct, receive, sue for, fix,
<br /> modify, adjust or compromise the Rents, and enforce all rights of the Assignor under the Leases;and(iv/perform any and all other
<br /> acts that may be necessary or proper to protect the security of this Assignment.
<br /> b) with or without exeicising the rights set forth in subparagraph /a)above, give or require the Assignor to give notice to any or all
<br /> tenants under the Leases authorizing and dirPcting them to pay all Rents under the Leases directly to the Assignee;and
<br /> c) withoui regard to any waste, adequacy of the security or solvency of the Assignor, apply for the appointment of a receiver of the
<br /> Trust Properiy, to which appointment the Assignor he�eby consents, whether o�not forec%sure�ror.a.edino.c ha�A I]PP/1�nmmnnrcr/ ; �
<br />
|