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WHEN RECORDED MAIL TO: <br />Equitable Bank <br />Diers Avenue Branch <br />PO Box 160 <br />Grand Island. NE 68802 -0160 <br />FOR RECORDER'S USE ONLY <br />ASSIGNMENT OF RENTS <br />THIS ASSIGNMENT OF RENTS dated October 18, 2016, is made and executed between JOSE <br />LUIS LUCERO, whose address is 1210 E 7TH ST, GRAND ISLAND, NE 68801 and AURA <br />Cj LUCERO, whose address is 1210 E 7TH ST, GRAND ISLAND, NE 68801; HUSBAND & WIFE <br />(referred to below as "Grantor ") and Equitable Bank, whose address is PO Box 160, Grand <br />A Island, NE 68802 -0160 (referred to below as "Lender "). <br />CO <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 />THE EASTERLY TWENTY THREE (23) FEET OF THE WESTERLY FORTY SIX (46) FEET OF <br />LOT SIX (6), BLOCK FIFTY NINE (59), OF THE ORIGINAL TOWN OF GRAND ISLAND, HALL <br />COUNTY, NEBRASKA <br />The Property or its address is commonly known as 516 W 3RD ST, GRAND ISLAND, NE <br />68801. The Property tax identification number is 400004887. <br />FUTURE ADVANCES. In addition to the Note, this Assignment secures all future advances made by Lender to Borrower <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 />Borrower, 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 rights or 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 />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 />Fri <br />rri <br />70 <br />} CD <br />CO T1 Z <br />x <br />J <br />r ,� C74 C <br />ca x CO <br />H tn Z <br />Z . <br />. ' 0 <br />