|
r
<br />[a
<br />NORWESTBANK NEBRASKA, NATIONAL ASSOCIATION ASSIGNMENT OF
<br />ewers LEASES AND RENT
<br />90__106003
<br />! This Assignment, made this 10 day of October , 19-10— by and
<br />between ^fin R. _Rathbun and Angela R Rathbun _
<br />f "Assignor "1, and NORWEST BANK NEBRASKA, NATIONAL ASSOCIATION t'Assignee' ).
<br />WITNESSETH:
<br />It is agreed as follows:
<br />I. Definitions, As used in this Agreement:
<br />A. "Mortgage" shall mean that certain Deed of Trust in the principal sum
<br />of$ 22,000.00 dated October 10
<br />executed by Lynn R. Rathbun and Angela R. Rathbun Trustor, to NORWEST BANK
<br />NEBRASKA, NATIONAL ASSOCIATION, as Beneficiary, upon the real estate and improvements
<br />described in L:xhibit "A'; which is ;V"0scgqd by this reference incorporated herein.
<br />B. "Note "shall mean that certain note secured by the $. 2 2.000.00
<br />Deed of Trust, executed contemporaneously therewith by Lynn R. Rathbun and
<br />Angola R. Rathbign _ as maker, and NORWEST BANK NEBRASKA,
<br />NATIONAL ASSOCIA TION, as payee, and secured by the Deed of Trust.
<br />C. "Loan "as hereinafter used, shall mean the loan in the amount of_4 2000.00
<br />. as evidenced by the note and secured by the Deed of Trust, as well as any other
<br />securing instruments.
<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 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 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 />i 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 />i thereof, 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 rake any o>thei action or proceeding to make any settlement of any claim, either in its
<br />own name or in the nine of Assigrnor, or otherwise, whicwr the Assignee, or any successor may deem
<br />desirable in order to collier i and a -forre the p-�yn►ent er Rnw and aff rents, issues, profits and income
<br />herein assigned. The lessees and occupants of .the Mortggpr Pre►ais,es, or any rafti!rb�re hereby
<br />expressly aouithorized and directed :co pay all rents and s¢rrns herein assigned ww�' 6 wiu .payable
<br />to Assignor, except for this Assignr7ent, to the Assignee, and to rrarnsmit and deliver such payrnenr
<br />to the Assignee or such nominee as it may designate in writino. delrvered to and received by such
<br />lessee or occupant, vvho is expressly relieved of any and all duty, Irabdity 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 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 frill 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 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 />LAssignee, in such order as Assignee may determine.
<br />Nr ry�IS711R1 i ^)DSISr7or
<br />t =�
<br />t„
<br />t
<br />�i
<br />t`
<br />r.
<br />1►
<br />
|