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r <br />1 <br />NORWEST BANK NEBRASKA, NATIONAL ASSOCIATION ASSIGNMENT OF <br />&WSAAKS LEASESAND RENT <br />82. 103033. <br />This Assignmene, <br />made this - _ 1S_ _ -day_ of Lay. , I9.,&9— by and <br />."Assignor"), and NORWEST BANK NEBRASKA, NATIONAL ASSOCIATION i1Au*w111. <br />W/TNESSETH: <br />. ' It'II was follower: <br />1- Definitions As used in this Agreement: <br />A. ort Pge, "steal/ mean that certain Deed of Trust in the principal sum <br />of$ 'ated , 19�_, <br />ftecuted by. NER as Trustor, to NORWEST BANK <br />NEBRASK�q, lO AL /A V, as eneficnry, u $or/ estate and imprommts <br />described in Exhibit "A'; which is end by this reference incorporated heroin. <br />rov e e ow <br />B. "Note "shall mean that certain note secured by the $- 30, 000.00 <br />Deed of Trust, executed Contemporaneously therewith by TRIAD PROPERTIES LIMITED PARTNERSHIP, BY <br />TRIAD _INVESTMENTS CORPORAEzON. GENERAL PARTNER as maker, and NORWEST BANK NEBRASKA, <br />NATIONAL A.SSOC/ATI"GZN,,as payee, and secured by the Deed of Trust. <br />C. "Loan "at hs4inafter used, shall mean the loan in the amount of 130, 000.00 <br />as evi8enced by the note and secured by the Deed of Trust, as well as any other <br />securing instwmerets <br />NOW, " THEREFORE, for and in consideration of the making and funding of said Loan, and for <br />other good and valuable consideration, the receipt whereof is hereby aeknoWedged, Assignor, for iMNf, <br />- fis successors, persona► representatives, heirs and astipns; has bargained, sold, trinskireal, essiynad; <br />conveyed, set over and delivered, and by these presents does hereby bargain, sell, transfer, assign, and <br />convey as security for the repayment 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 sold leases, it being the Intention <br />hereby to establish a complete transfer and assignment of the leases hereby assigned and all the avrils <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 />thereof, to, deliver to and deposit said leases with Assignee. <br />Ass igr.or hereby dWgrzates, apnstitutes,and appoints Assignee, its successors and assigns, with <br />fuft Povvec of substitattair, its tale and /awful attorney with power for it and in its name, place and <br />stood, for err the name of Assignee, to ask, demand, collect, receive, receipt and give full and com- <br />p/ete 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 />anry"claim or take any other action or proceeding to make any settlement of any claim, either in its <br />avw name or in the name of Assignor, or otherwise, which the Assignee, or any successor may dorm <br />4eser816e in order to collect and enforce the payment of any and all rents, issues, profits and income <br />her+een.assigned. The lessees and occupants.of the Mortgaged Premises, or any part hereof, are hereby <br />expressly authorized and dfmcted to pay all "rents and sums heroin assigned which would be payable <br />to Assignor, except for rhis 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 end received by such <br />lessee or occupant, who is expressly relieved of any end 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 col/Pct the rents, issues, profits and Income assigned hereunder, including the right to enter upon <br />the pr8im4es and to take possession thereof, and Assignor hereby prints full power and authority <br />ra the Assignee to exereise all rights, privileges and powers herein granted at any and all times here- <br />0ter, without notice to Assignor, with full power to use and apply all 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 />eua!+afiv tnr35 <br />>.,. <br />7 <br />