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11111311111MIMMI" <br />WHEN RECORDED MAIL TO: <br />NebraskaLand National Bank <br />Keamey Branch ,- 6 3 Scto <br />Kearney. NE 68844' h 4S T ' SC r._) <br />FOR RECORDER'S USE ONLY <br />ASSIGNMENT OF RENTS <br />THIS ASSIGNMENT OF RENTS dated October 10, 2017, is made and executed between <br />Michael R. Lilienthal, whose address is 5700 South Locust Street, Grand Island, NE 68801 and <br />Julie Lilienthal, whose address is 5700 South Locust, Grand Island , NE 68801; Husband and <br />Wife (referred to below as "Grantor ") and NebraskaLand National Bank, whose address is 4615 <br />Second Avenue, Kearney, NE 68847 (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 />THE EAST ONE -HALF (E112) OF THE SOUTHEAST ONE - FOURTH (SE1 /4) OF SECTION 8, <br />TOWNSHIP 10 NORTH, RANGE 9 WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA <br />The Property or its address is commonly known as 5726 South Blaine Street, Grand Island, NE <br />68801. The Property tax identification number is 400209349. <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 />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 />