|
P "ca` t n
<br />4 ; > n z
<br />a J
<br />6' +:
<br />Us) [ X
<br />0o ti
<br />Ut n
<br />K
<br />WHEN RECGZRD MAIL TO:
<br />FIVE POINTT�S..$$ANK OF HASTINGS
<br />MAIN BANK
<br />2815 OSBO NE DRIVE WEST
<br />HASTINGS, NE 68901
<br />0
<br />0
<br />II111IIIIIIIIIIIINIIIIlt1111IIIIII111IIIIIIIIIIIIIIIIII1111111IIIIII�II1111IINIIN IIIIIII�11
<br />" 00000000000001
<br />II
<br />FOR RECORDER'S USE ONLY
<br />11111111111IIII 1111
<br />ASSIGNMENT OF RENTS
<br />THIS ASSIGNMENT OF RENTS dated January 31, 2017, is made and executed between
<br />SCHIEFELBEIN ENTERPRISE, LLC, whose address is 2022 INDIAN ACRES DRIVE, HASTINGS,
<br />NE 68901; A NEBRASKA LIMITED LIABILITY COMPANY (referred to below as
<br />"Grantor ") and FIVE POINTS BANK OF HASTINGS , whose address is 2815 OSBORNE DRIVE
<br />WEST, HASTINGS, NE 68901 (referred to 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 />All of Lot Nine (9) in the Subdivision of Block One (1) Vine Hill Subdivision, EXCEPT the
<br />North Nineteen Feet (N19') of said Lot 9, deeded to the City of Grand Island by Warranty
<br />Deed recorded as Document No. 78- 002467;
<br />AND a part of Lot Eight 18), in the Subdivision of Block One (1) Vine Hill Subdivision, more
<br />particularly described as follows: Beginning at a point, said point being the Northeast corner
<br />of said Lot 8; thence West on and upon the lot line of Lots 8 and 9 to the Northwest corner
<br />of Lot 8; thence South along and on the West lot line of Lot 8 a distance of 10 feet; thence
<br />northeasterly in a straight line a distance of 115.7 feet to the point of beginning;
<br />All in the City of Grand Island, Hall County, Nebraska, according to the recorded plat
<br />thereof.
<br />The Property or its address is commonly known as 704 S BLAINE ST, GRAND ISLAND, NE
<br />68801.
<br />CROSS - COLLATERALIZATION. In addition to the Note, this Assignment secures all obligations, debts and liabilities,
<br />plus interest thereon, of either Grantor or Borrower to Lender, or any one or more of them, as well as all claims by
<br />Lender against Borrower and Grantor or any one or more of them, whether now existing or hereafter arising, whether
<br />related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or
<br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Grantor
<br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or
<br />otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of
<br />limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise
<br />unenforceable.
<br />FUTURE ADVANCES. In addition to the Note, this Assignment secures all future advances made by Lender to Borrower
<br />or Grantor whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this
<br />Assignment secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may
<br />loan to Borrower or 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 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 />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 />LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS. Lender shall have the right at any time, and even though no
<br />
|