|
1
<br />NORWEST BANK NEBRASKA, NATIONAL ASSOCIATION ASSIGNMENT OF
<br />X6ANKS LEASES AND RENT
<br />This Assignment, made this l4 day of February , 19 89 by and
<br />between_ David A. Week and Kathleen A. Week, Husband & Wife
<br />I "Assignor "l, and NORWESTBANK NEBRASKA, NATIONAL ASSOCIATION ( "Assignee ").
<br />WITNESSETH:
<br />It is agreed as folfows:
<br />1. Definitions. As used in this Agreement:
<br />A. "Mortgage "shall mean that certain Deed of Trust in the principal sum
<br />of $_217 ,000.00 dated- February, 14
<br />exe:+cuted by David A. Vacek & Kathleen A. Week —'as Trustor, to NORWEST BANK
<br />NEBRASKA, NATIONAL ASSOCIATION, as Beneficiary, upon the real estate and improvements
<br />described in Exhibit "A", which is attached hereto and by this reference incorporated herein.
<br />8. `Wore "shall ineaa dnatcertain note secured by the $ -21.7400Q.00
<br />Zaad of Trust, execucmd cantcrnooranet2usly bleravy/the by -- David A. Vacek & Hatulegn A. Vacek
<br />as maker, and NORWEST BANK NEBRASKA,
<br />NATIONAL ASSOCIATION, as payee, and secured by the Deed of Trust.
<br />C. "Loan "as hereinafter used, shall mean the loan in the amount of $217,000.00
<br />as eb idenced by the note and secured by the Deed of Trust, as well as any other
<br />sr:+curing Instruments.
<br />NOW, THEREFORE, for and in consideration of d, n7ak! rTard funding of said LCan, and -f rr
<br />other gwd, .and valuable consideration, the receipt whereof is lla,sljji, acknowledged, Assignor, for itself,
<br />its successors, personal representatives, heirs and assigns, has har gain €d, sold, aansferred,'amlyned,
<br />conveyed, set over and delivered, and by these presents does herebjv bargain, sell, transfer, assign, and
<br />convey as security far the repayment of the above described indebtedness and the payment and per-
<br />forma" afel of the terms and` caonditions of the Note and Mortgage evidencing the same, and any
<br />and all anwidments, extensions and renewals thereof, all leases now or hereafter executed affecting
<br />the Mortgaged Fl�nriays, and all rents, issues, profits and income and wins of money *.W7 may now.
<br />or hereafter be ai(zwame due and owing under and by virtue of said teases, it being the 6rrrtntion
<br />hereby to aslablish'a complete transfer and assignment of the lesatda Irereby assigned avid alf.the avails;
<br />thereunder unto the Assignee, its successor, and assigns, together;twf* the right, but without the
<br />obligation, to collect all of the said rents, issues, profits and inconi,e rasing araccruing, or which may
<br />become due at any time during the life of this Assignment. Assignor hather agrees, upon'demand
<br />thereof, to deliver to and deposit said leases with Assignee.
<br />Assignor hereby designates, constitutes and appoints Assignee, its successors and assigns, with
<br />full power of substitution, its true and lawful attorney with power for it and in Its name; place and
<br />stead, for in the names of Assignee, to ask,'demand, collect, receive, receipt and give full and com-
<br />plate acquittances for any and all rents, issues, profits and income hereby assigned which may become
<br />due and payable by lessees or other occupants of the Mortgaged Premises; and at its discretion to file
<br />any claim or take an other action or proceeding to make any settlement of any claim, either in its
<br />own name or in then naine of Assignor, or otherwise, which the Assignee, or any successor may deem
<br />dalrable in order to collect and enforce the payment of any and all rotlta;'' ,,profit�at�! ere
<br />herein assigned. The lessees and occupants of the Mort "
<br />g gaged Premises, ory� 4s�th!_yrJ�M+��oiiE,;.iwMte�y
<br />expressly authorized and direclild to pay all rents and sums herein as J YYDU bA a
<br />M.
<br />to Assignor, except for this Assignment, to the Assignee, and to tradWilt wrr3ick:;vitynheht
<br />to the Assignee or such nominee as it may designate in writing, delivered to and receive=d by such
<br />lessee or occupant, who is expressly relieved of any and all duty, liability or obligation to the
<br />Assignor in respect Of all payments so made
<br />Assignee shall be, and hereby is, vested with full power to use all such measures, legal and
<br />equitable, as in its discretion may be deemed necessary or proper to enforce this Agreement and
<br />to collect the rents, Issues, profits and income assigned hereunder, including the right to enter upon
<br />the premises and to take pLusessian thereof, and Assignor hereby grants full power and authority
<br />to the Assignee to exercise all rights, privileges and powers herein granted at any and all times here-
<br />after, withoyt nofke to Assignor, with full poyier to vie and apply alt of the rents, Issues, profits and
<br />income herein assigned to the payments of any indebtedness or liability of the Assignor to the
<br />Assignee, in such order as Assignee may determine.
<br />WX 176M 101W5
<br />7
<br />. t
<br />M
<br />ti
<br />� a
<br />i
<br />
|