|
e�
<br />N
<br />w....., CG D9 testi
<br />w—_—_ HALL CfITY E
<br />� �.t,HST 1013 00301 2013 JAN 20 A;: 5 i
<br />c R ST 'NO r
<br />REGISTER, C"
<br />CASH
<br />CHECK 411'/'CX
<br />REFUNDS:
<br />CASH
<br />CHECK
<br />WHEN RECORDED MAIL TO:
<br />PINNACLE BANK
<br />/ COLUMBUS VILLAGE CENTER MAIN OFFICE
<br />210E23ST
<br />PO BOX 1585
<br />COLUMBUS, NE 68601
<br />FOR RECORDER'S USE ONLY
<br />ASSIGNMENT OF RENTS
<br />THIS ASSIGNMENT OF RENTS dated January 17, 2023, is made and executed between JUAN
<br />A REYES, a/k/a JUAN REYES, a single person, whose address is 315 POST ST, GRESHAM, NE
<br />68367 (referred to below as "Grantor") and PINNACLE BANK, whose address is 210 E 23 ST,
<br />PO BOX 1585, COLUMBUS, NE 68601 (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 />Lot One (1), Block Ninety-four (94), of the Original Town, now the City of Grand Island, Hall
<br />County, Nebraska
<br />The Property or its address is commonly known as 421 E 1ST STREET, GRAND ISLAND, NE
<br />68801-7707. The Property tax identification number is 400007606.
<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 />instrument now in force.
<br />No Further Transfer. Grantor will not sell, assign, encumber, or otherwise dispose of any of Grantor's rights in the
<br />Rents except as provided in this Assignment.
<br />LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS. Lender shall have the right at any time, and even though no
<br />default shall have occurred under this Assignment, to collect and receive the Rents. For this purpose, Lender is hereby
<br />given and granted the following rights, powers and authority:
<br />Notice to Tenants. Lender may send notices to any and all tenants of the Property advising them of this
<br />Assignment and directing all Rents to be paid directly to Lender or Lender's agent.
<br />Enter the Property. Lender may enter upon and take possession of the Property; demand, collect and receive from
<br />the tenants or from any other persons liable therefor, all of the Rents; institute and carry on all legal proceedings
<br />necessary for the protection of the Property, including such proceedings as may be necessary to recover
<br />possession of the Property; collect the Rents and remove any tenant or tenants or other persons from the Property.
<br />Maintain the Property. Lender may enter upon the Property to maintain the Property and keep the same in repair;
<br />to pay the costs thereof and of all services of all employees, including their equipment, and of all continuing costs
<br />and expenses of maintaining the Property in proper repair and condition, and also to pay all taxes, assessments and
<br />
|