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This Assignment,. made this 30 y Qf , 13 9 by and
<br />NnZsa -- August 0
<br />n_ Nolan and- nebble ("A 1, and NORWEST BANK NEBRASKA, NATIONAL ASSOCIATION f "Assignee").
<br />WITNESSETH:
<br />It is agreed as follows:
<br />Y 1. . Definitions. As used in this Agreement:
<br />A. "Mortgage "shall mean that certain Deed of Trust in the princippal sum
<br />of$ 16,318.26 dated . August. 30 1990
<br />executed by Jams D. Nolan and Debbie L. Nolan , 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.
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<br />B. "Note"shall mean that certain note secured by the'$ 16,318.26
<br />Deed of Trust, executed contemporaneously therewith by - James D. Nolan and
<br />Debbie L. Nolan 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 $16,318.26
<br />as evidenced by the note and secured by the Deed of Trust, as well as any other
<br />NOW, THEREFORE, for -and inconsideration of the making and funding of said Loan, and for
<br />other good and valuable consideration, the receipt whereof is hereby acknowledged, Assignor, for itself,
<br />its successors, personal representatives, heirs and assigns, has bargained, sold, transferred, assigned,
<br />conveyed, set over and delivered, and by these presents does hereby bargain, sell, transfer, assign, and
<br />convey as security for the repaymept of the above described indebtedness and the payment and per-
<br />formance of all of the terms and conditions of the Note and Mortgage evidencing the same, and any
<br />and all amendments, extensions and renewals thereof, all leases now or hereafter executed affecting
<br />the Mortgaged Premises, and all rents, issues, profits and income and sums of money which may now
<br />or hereafter be or become due and owing under and by virtue of said leases, it being the, intention
<br />hereby to establish a complete transfer and assignment of the leases hereby assigned and all the avails
<br />thereunder unto the Assignee, Its successors and assigns, together with the right, but without the
<br />obligation, to collect all of the said rents, issues, profits and income arising or accruing, or which may
<br />become due at any time during the life of this Assignment. Assignor further agrees, upon demand
<br />thereat, 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 name of Assignee, to ask, demand, collect, receive, receipt and give full and com-
<br />plete 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 any other action or proceeding to make any settlement of any claim,- either in its
<br />own name or in the name of Assignor, or otherwise, which the Assignee, or any successor may deem
<br />desirable in order to collect and enforce the payment of any and all rents, issues, profits and income
<br />herein assigned The lessees and occupants of the Mortgaged Premises, or any part hereof, are hereby
<br />expressly authorized and directed to pay all rents and sums herein assigned which would be payable
<br />to Assignor, except for this Assignment, to the Assignee, and to transmit and deliver such payment
<br />to the Assignee or such nominee as it may designate in writing, delivered to and received 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 />equitablo, 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 possession 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, without notice to Assionar,- with full ,mower to use and apply all of the rents issues, prnfitc 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.
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