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90105959
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Last modified
10/20/2011 7:39:18 PM
Creation date
10/20/2005 9:51:17 PM
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DEEDS
Inst Number
90105959
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COLLATERAL ASSIGNMENT OF LEASE 90- -105958 <br />FOR AND IN CONSIDERATION of the sung of Six Hundred Thirty Thousand <br />and No /100-- ---- -- -Dollars ($ 630,000.00 ) loaned to the undersigned, <br />ggion D. Larsen and Inretta L. Wsen , hereinafter <br />referred to as "e Assignor's does hereby sell, assign and transfer unto THE <br />OVERLAND NATIONAL RANK OF GRAND ISLAND, hereinafter referred to as "Assignee ", <br />all of Assignor's right, title and interest in and to a Real Estate Lease <br />In respect to that real estate legally described as: <br />Lots Seven ( ?), Eight (8), Nine (9) and Ten (10), in Block One (1), <br />i Better Hanes Subdivision, an Addition to the City of Grand island, <br />Hall County„ NE. <br />SAND ASSIGNMENT BY THE UNDERSIGNED ASSIGNOR IS MADE SUBJECT TO T11£ <br />FOLLOWING TERMS AND CONDITIONS: <br />1. This Assignment is given to secure the payment of the indebtedness <br />described above and as security for such other sumR as may be hereafter <br />advanced by Assignee to, or for the benefit of, the Assignor; provided, however, <br />that in the event all indebtedness owing from the Assignor to the Assignee is <br />well and truly paid. then this Assignment shall be void, otherwise to remain Im <br />full force and effect. <br />2. It is the intention and agreement of the Assignor that this Assignment <br />I shall also secure any future advances made to Assignor by Assignee and any and <br />all indebtedness in addition to the amount stated above which said Assignor may <br />owe to said Assignee, however evidenced, whether by note, book, account or <br />otherwise. The undersigned also agrees that this Assignment shall secure all <br />costs, charges and expenseR reasonably Incurred or paid by Assignee, including <br />reasonable attorney fees, because of the failure of the undersigned to comply <br />with the terms of the Notes evidencing such indebtedness or this Assignment. <br />3. So long as Assignor shall not be in default of the payments due to <br />J Assignee in respect to indebtedness owing or in the performance of the require- <br />ments of any instrument of security which may secure such indebtedness, Assignor <br />i shall be entitled to collect and retain for his benefit all rents, from time to <br />time accruing and received in respect to the Real Estate Lease herein assigned <br />as security. <br />4. Upon default in the payment of any Rum clue in respect to the indebted - <br />neas secured hereby or in the performance of the requirements of any instrument <br />j of security which may secure such indebtedness, the Assignee may give immediate <br />notice of this Assignment to the Tenant under such Lease and shall, from and <br />i after the date of such notice, be authorized to receive and collect all such <br />rents as may thereafter accrue and be due and payable to Assignor under the <br />terms thereof. <br />5. The Assignor represents and warrants to the Assignee that the assigned <br />1 Real Estate Lease and rents therein provided has not been previously transferred <br />or encumbered. <br />6. The Assignor will not, without the prior written consent of Lite Assignee. <br />agree to or consent to or permit any amendment, modification, termination, <br />assignment of or subletting under the Real Estate Lease herein assigned as <br />I <br />security. <br />secur <br />1 7. All control and dominion over the rights and remedies of the Assignor <br />I as Owner act forth in the Real Estate Lease Icereby assigned as security are <br />transferred to the Assignee except that the Assignee may in writing specifically <br />authorise the Assignor to act with respect thereto. <br />S. The Assignor wit! keep and perfaim All the obligations to be perforate(; <br />on the part of the Owner under the terms of the Real Estate Lease hrrcin acislaned <br />as security and will save the Ast;Lgnee liarmless, iron any failure to do Ro. it <br />being specifically understood that notwlthstand�ng this Assignment or any notice <br />thereof, the Assignee shaii not be obligated to perform any of the obilgations <br />on the part of the Assignor closing under such Real Estate Lease. <br />IN WITNESS WHEREOF. the Assignor has executed this Collateral Assignment <br />of Lease on this 15th ay of October , 19 9U <br />on <br />E DUMB <br />r - e a <br />CSTATE OF NEBRASKA) <br />)SS <br />COUNTY OF HALL ) <br />LThe foregoing, Collateral Ar:sigi ment of I,eaRe was acknowledged before me <br />this 15th day of OS.tok62r _ _. l9 W by hturic►n li. i_arst,n and <br />Loretta L. Lwrt-wn <br />"A4 ROTARY -$pq n �v Notary Public - <br />RA(�EAN <br />N, ! 7 � , Q. OL QCK <br />0, <br />a <br />ti <br />
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