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13V IISSV 'I'9 <br />rn <br />-n <br />z <br />WHEN RECORDED MAIL TO: <br />Security State Bank <br />102 N Centennial St <br />Box 577 <br />Wishek, ND 58495 <br />> <br />CP <br />c. —J <br />71 7 =:, <br />'•7 x = <br />I"'1 % ry <br />FOR RECORDER'S USE ONLY <br />ASSIGNMENT OF RENTS <br />THIS ASSIGNMENT OF RENTS dated March 25, 2019, is made and executed between SUSAN <br />B WILEY, whose address is 8145 42 AVE SE, WISHEK, ND 58495 and GEORGE R. SMITH, <br />whose address is 8145 42 AVE SE, WISHEK, ND 58495; HUSBAND AND WIFE (referred to <br />below as "Grantor") and Security State Bank, whose address is Box 577, Wishek, ND 58495 <br />(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 />PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST <br />QUARTER (E1/2SW1/4NE1/4) OF SECTION TEN (10), IN TOWNSHIP ELEVEN (11) NORTH, <br />RANGE NINE (9) WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, MORE <br />PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT TWO HUNDRED <br />SIXTY FOUR (264) FEET NORTH OF THE SOUTHEAST CORNER OF THE SOUTHWEST <br />QUARTER OF THE NORTHEAST QUARTER (SW1/4NE1/4) OF SAID SECTION, RUNNING <br />THENCE WEST FOR A DISTANCE OF THREE HUNDRED THIRTY (330) FEET; THENCE <br />RUNNING NORTH FOR A DISTANCE OF ONE THOUSAND AND FIFTY SIX (1,056) FEET; <br />THENCE RUNNING EAST FOR A DISTANCE OF THREE HUNDRED THIRTY (330) FEET TO <br />THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST <br />QUARTER (SW1/4NE1/4) OF SAID SECTION; AND THENCE RUNNING SOUTH A <br />DISTANCE OF ONE THOUSAND FIFTY SIX (1,056) FEET TO THE PLACE OF BEGINNING, <br />EXCEPTING THEREFROM A TRACT OF LAND MORE PARTICULARLY DESCRIBED IN THE <br />REPORT OF APPRAISERS RECORDED IN THE HALL COUNTY REGISTER OF DEEDS OFFICE <br />IN BOOK 29, PAGE 377. <br />The Property or its address is commonly known as 1523 E. 8th St, Grand Island, NE 68802. <br />The Property tax identification number is 400205807. <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 />