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W <br />C�0 <br />N <br />4 <br />�a <br />n <br />M <br />f7 <br />A <br />COLLATERAL ASSIGNMENT OF LEASE <br />FOR AND IN CONSIDERATION of the sum of ONE HUNDRED EIGHTY THOUSAND AND <br />NO /100 Dollars ($180,000.00) loaned or to be loaned to the undersigned, KEA INVESTMENTS - <br />LCC, hereinafter referred to as "Assignor ", do hereby sell, assign and transfer unto HOME <br />FEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, hereinafter referred to <br />as "Assignee ", all of Assignor's right, title and interest in and to a Lease for Real Property dated <br />MARCH 27, 2001 wherein, KEVIN LOCKHART DB /A LOCKHART HOMES is identified as the <br />Tenant in respect to a portion of that real estate legally described as: <br />A tract of land comprising a part of the East Half of the Northeast Quarter (E1 /2NE1 /4) of Section <br />Twelve (12), Township Eleven (11) North, Range Ten (10) West of the a P.M., Hall County, <br />Nebraska, more particularly described as follows: Commencing at a point Seventy Five (75) feet east of <br />the Northwest corner of said E1 /2NE1/4 on the North line of said E1 /2NE1/4; thence continuing <br />easterly along the north line of said E1 /2NE1 /4 a distance of Two Hundred (200) feet; thence southerly <br />and parallel to the Westerly line of said E1 /2NE1/4 a distance of Two Hundred Seventeen and Eight <br />Tenths (217.8) feet; thence Westerly and parallel to the North line of said El /2NE1/4 a distance of Two <br />Hundred (200) feet to a point on the Easterly right of way of U.S. Highway No. 281; thence Northerly <br />along and upon the East right of way line of U.S. Highway No. 281 a distance of Two Hundred <br />Seventeen and Eight Tenths (217.8) feet to the point of beginning. <br />SAID ASSIGNMENT BY THE UNDERSIGNED ASSIGNOR IS MADE SUBJECT <br />TO THE FOLLOWING TERMS AND CONDITIONS: <br />1. This Assignment is given to secure the payment of the indebtedness described <br />above and as security of such other sums as may be hereafter advanced by Assignee to, or for <br />the benefit of, Assignor; provided, however, that in the event all indebtedness owing from <br />Assignor to Assignee is well and truly paid, then this Assignment shall be void, otherwise to <br />remain in full force and effect. <br />2. It is the intention and agreement of Assignor that this Assignment shall also <br />secure any future advances made to Assignor by Assignee and any and all indebtedness in <br />addition to the amount stated above which said Assignor may owe to said Assignee, however <br />evidenced, whether by note, book, account or otherwise. The undersigned also agrees that <br />this assignment shall secure all costs, charges and expenses reasonably incurred or paid by <br />Assignee, including reasonable attorney fees, because of the failure of the undersigned to <br />comply with the terms of the Notes evidencing such indebtedness or this Assignment. <br />3. So long as Assignor shall note be in default of the payments due to Assignee <br />in respect to indebtedness owing or in the performance of the requirements of any instrument <br />of security which may secure such indebtedness, Assignor shall be entitled to collect and <br />retain for his benefit all rents, from time to time accruing and received in respect to the Real <br />Estate Lease herein assigned as security. <br />4. Upon default in the payment of any sum due in respect to the indebtedness <br />secured hereby or in the performance of the requirements of any instrument of security which <br />may secure such indebtedness, Assignee may give immediate notice of this Assignment to the <br />Tenant under such Lease and shall, from and after the date of such notice, be authorized to <br />receive and collect all such rents as may thereafter accrue and be due and payable to Assignor <br />under the terms thereof. <br />5. Assignor represents and warrants to Assignee that the assigned Real Estate <br />Lease and rents therein provided has not been previously transferred or encumbered. <br />6. Assignor will not, without the prior written consent of Assignee, agree to or <br />Page 1 of 2 <br />MR. <br />;v <br />C) <br />M <br />T <br />M <br />(A <br />CID <br />--{ rn <br />o <br />m <br />o <br />rs. <br />- , <br />° <br />T' <br />v <br />o <br />rn <br />w <br />o <br />cn <br />�e <br />o <br />60 <br />co <br />n <br />o <br />cv <br />CP <br />w w <br />� <br />C it <br />(p <br />Cn <br />(n <br />O <br />COLLATERAL ASSIGNMENT OF LEASE <br />FOR AND IN CONSIDERATION of the sum of ONE HUNDRED EIGHTY THOUSAND AND <br />NO /100 Dollars ($180,000.00) loaned or to be loaned to the undersigned, KEA INVESTMENTS - <br />LCC, hereinafter referred to as "Assignor ", do hereby sell, assign and transfer unto HOME <br />FEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, hereinafter referred to <br />as "Assignee ", all of Assignor's right, title and interest in and to a Lease for Real Property dated <br />MARCH 27, 2001 wherein, KEVIN LOCKHART DB /A LOCKHART HOMES is identified as the <br />Tenant in respect to a portion of that real estate legally described as: <br />A tract of land comprising a part of the East Half of the Northeast Quarter (E1 /2NE1 /4) of Section <br />Twelve (12), Township Eleven (11) North, Range Ten (10) West of the a P.M., Hall County, <br />Nebraska, more particularly described as follows: Commencing at a point Seventy Five (75) feet east of <br />the Northwest corner of said E1 /2NE1/4 on the North line of said E1 /2NE1/4; thence continuing <br />easterly along the north line of said E1 /2NE1 /4 a distance of Two Hundred (200) feet; thence southerly <br />and parallel to the Westerly line of said E1 /2NE1/4 a distance of Two Hundred Seventeen and Eight <br />Tenths (217.8) feet; thence Westerly and parallel to the North line of said El /2NE1/4 a distance of Two <br />Hundred (200) feet to a point on the Easterly right of way of U.S. Highway No. 281; thence Northerly <br />along and upon the East right of way line of U.S. Highway No. 281 a distance of Two Hundred <br />Seventeen and Eight Tenths (217.8) feet to the point of beginning. <br />SAID ASSIGNMENT BY THE UNDERSIGNED ASSIGNOR IS MADE SUBJECT <br />TO THE FOLLOWING TERMS AND CONDITIONS: <br />1. This Assignment is given to secure the payment of the indebtedness described <br />above and as security of such other sums as may be hereafter advanced by Assignee to, or for <br />the benefit of, Assignor; provided, however, that in the event all indebtedness owing from <br />Assignor to Assignee is well and truly paid, then this Assignment shall be void, otherwise to <br />remain in full force and effect. <br />2. It is the intention and agreement of Assignor that this Assignment shall also <br />secure any future advances made to Assignor by Assignee and any and all indebtedness in <br />addition to the amount stated above which said Assignor may owe to said Assignee, however <br />evidenced, whether by note, book, account or otherwise. The undersigned also agrees that <br />this assignment shall secure all costs, charges and expenses reasonably incurred or paid by <br />Assignee, including reasonable attorney fees, because of the failure of the undersigned to <br />comply with the terms of the Notes evidencing such indebtedness or this Assignment. <br />3. So long as Assignor shall note be in default of the payments due to Assignee <br />in respect to indebtedness owing or in the performance of the requirements of any instrument <br />of security which may secure such indebtedness, Assignor shall be entitled to collect and <br />retain for his benefit all rents, from time to time accruing and received in respect to the Real <br />Estate Lease herein assigned as security. <br />4. Upon default in the payment of any sum due in respect to the indebtedness <br />secured hereby or in the performance of the requirements of any instrument of security which <br />may secure such indebtedness, Assignee may give immediate notice of this Assignment to the <br />Tenant under such Lease and shall, from and after the date of such notice, be authorized to <br />receive and collect all such rents as may thereafter accrue and be due and payable to Assignor <br />under the terms thereof. <br />5. Assignor represents and warrants to Assignee that the assigned Real Estate <br />Lease and rents therein provided has not been previously transferred or encumbered. <br />6. Assignor will not, without the prior written consent of Assignee, agree to or <br />Page 1 of 2 <br />MR. <br />