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ASSIGNMENT OF RENTS RIDER 200002-98S <br />THIS ASSIGNMENT OF RENTS RIDER is made and executed this 23rd day of March , 2000 , and is <br />incorporated into and shall be deemed to amend and supplement the Mortgage or Deed of Trust, hereinafter referred to as the "Security <br />Instrument ", of the same date given by the undersigned, hereinafter referred to as the "Borrower ", to secure Borrower's indebtedness, <br />hereinafter referred to as the "Note ", to United Nebraska Bank <br />. hereinafter referred to as the "Lender ", of the same date and covering the <br />property described in the Security Instrument and located at: <br />810 W Charles Grand Island Nebraska 68801 <br />(Property Address) <br />WITNESSETH: <br />WHEREAS, Borrower and Lender have agreed that any rents and profits attributable to the property should constitute additional security <br />to the Lender for the payment of the Note; <br />NOW, THEREFORE, It is agreed that the Security Instrument shall be amended hereby and deemed to include the following provisions: <br />1. Assignment of Rents and Lender Rental Collection Rights. Borrower hereby absolutely and unconditionally assigns all rents, issues <br />and profits of the property to Beneficiary. Lender shall have the right, power and authority during the continuance of the Security Instrument <br />to collect the rents, issues and profits of the property and of any personal property located thereon with or without taking possession of the <br />property affected hereby. Lender, however, hereby consents to Borrower's collection and retention of such rents, issues and profits as they <br />accrue and become payable, so long as Borrower is not, at such time, in default with respect to payment of any indebtedness secured <br />hereby, or in the performance of any agreement hereunder. <br />2. Appointment of Receiver. If any event of default in respect to the Security Instrument shall have occurred and be continuing, Lender, <br />as a matter of right and without notice to Borrower or anyone claiming under Borrower, and without regard to the value of the trust estate or <br />the interest of the Borrower therein, shall have the right to apply to any court having jurisdiction to appoint a receiver of the property. <br />3. Right to Possession. In case of default in the payment of the said principal Note or interest, or any part thereof, as it shall mature, <br />or in the case of failure to keep or perform any of the convenants or agreements contained in the Security Instrument, then the Lender, its <br />successors or assigns, shall be and is hereby authorized and empowered to take immediate possession of the said premises therein <br />described and to collect the rents therefrom, and to apply the proceeds thereof to the payment of the Note. <br />4. Application of Rents, Issues and Profits. All rents collected by Lender or the receiver shall be applied first to payment of the costs <br />of management of the property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and <br />reasonable attorney's fees, and then to the sums secured by the Security Instrument. Lender and the receiver shall be liable to account only <br />for those rents actually received. <br />5. Construction of Provisions. Each of the provisions contained in this Assignment of Rents Rider and the Security Instrument shall, <br />unless otherwise specifically required, be construed in accordance with Nebraska law, and in the event any provision herein of therein <br />contained shall be determined by a court of competent jurisdiction to be unenforceable, the same shall be construed as though such <br />unenforceable provision were not part hereof or thereof. <br />6. Effect of Rider. Except as specifically modified by or inconsistent with this Assignment of Rents Rider or by any other applicable <br />rider, all of the terms and provisions contained in the Security Instrument shall continue in full force and effect. <br />IN WITNESS WHEREOF, Borrower has executed this Assignment of <br />STATE OF NEBRASKA <br />ss: <br />COUNTY OF Hall f <br />On this 23rd day of March , 2000 , before me, the undersigned, a Notary Public duly commissioned and <br />qualified for said county, personally came Julio A Rivas- Garcia and Judy J Sheeks , husband and wife <br />to <br />be the identical person(s) whose name(s) is /are subscribed to the foregoing instrument, and he /she /they acknowledge the execution thereof <br />to be his /her /their voluntary act and deed. <br />Witness my hand and Notarial Seal at Grand Island <br />date aforesaid. I <br />My Commission expires: September 28 2003 <br />F10615.LMG (6/94) <br />GENERAL NOTARY -Slate of Nebraska <br />�SHERRI L. O'CALLAGHAN <br />_ My Comm. Exp. Sept. 26, 2003 <br />in said county, the <br />