ASSIGNMENT OF RENTS RIDER
<br />THIS ASSIGNMENT OF RENTS RIDER is made and executed this 15th day of December , 2000 , and is
<br />incorporated into and shall be deemed to amend and supplement the Mortgage or Deed of Trust, hereinafter referred to as the "Security
<br />Instrument ", of the same date given by the undersigned, hereinafter referred to as the "Borrower ", to secure Borrower's indebtedness,
<br />hereinafter referred to as the "Note ", to United Nebraska Bank
<br />, hereinafter referred to as the "Lender ", of the same date and covering the
<br />property described in the Security Instrument and located at:
<br />CD
<br />1331 N Sherman Place Grand Island Nebraska 68803 CZ
<br />(Property Address)
<br />W ITNESSETH:
<br />WHEREAS, Borrower and Lender have agreed that any rents and profits attributable to the property should constitute additional security :v
<br />to the Lender for the payment of the Note;` 40
<br />NOW, THEREFORE, It is agreed that the Security Instrument shall be amended hereby and deemed to include the following provisions:
<br />1. Assignment of Rents and Lender Rental Collection Rights. Borrower hereby absolutely and unconditionally assigns all rents, issues
<br />and profits of the property to Beneficiary. Lender shall have the right, power and authority during the continuance of the Security Instrument
<br />to collect the rents, issues and profits of the property and of any personal property located thereon with or without taking possession of the
<br />property affected hereby. Lender, however, hereby consents to Borrower's collection and retention of such rents, issues and profits as they
<br />accrue and become payable, so long as Borrower is not, at such time, in default with respect to payment of any indebtedness secured
<br />hereby, or in the performance of any agreement hereunder.
<br />2. Appointment of Receiver. If any event of default in respect to the Security Instrument shall have occurred and be continuing, Lender,
<br />as a matter of right and without notice to Borrower or anyone claiming under Borrower, and without regard to the value of the trust estate or
<br />the interest of the Borrower therein, shall have the right to apply to any court having jurisdiction to appoint a receiver of the property.
<br />3. Right to Possession. In case of default in the payment of the said principal Note or interest, or any part thereof, as it shall mature,
<br />or in the case of failure to keep or perform any of the convenants or agreements contained in the Security Instrument, then the Lender, its
<br />successors or assigns, shall be and is hereby authorized and empowered to take immediate possession of the said premises therein
<br />described and to collect the rents therefrom, and to apply the proceeds thereof to the payment of the Note.
<br />4. Application of Rents. Issues and Profits. All rents collected by Lender or the receiver shall be applied first to payment of the costs
<br />of management of the property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and
<br />reasonable attorney's fees, and then to the sums secured by the Security Instrument. Lender and the receiver shall be liable to account only
<br />for those rents actually received.
<br />5. Construction of Provisions. Each of the provisions contained in this Assignment of Rents Rider and the Security Instrument shall,
<br />unless otherwise specifically required, be construed in accordance with Nebraska law, and in the event any provision herein of therein
<br />contained shall be determined by a court of competent jurisdiction to be unenforceable, the same shall be construed as though such
<br />unenforceable provision were not part hereof or thereof.
<br />6. Effect of Rider. Except as specifically modified by or inconsistent with this Assignment of Rents Rider or by any other applicable
<br />rider, all of the terms and provisions contained in the Security Instrument shall continue in full force and effect.
<br />IN WITNESS WHEREOF, Borrower has executed this Assignment of Rents Rider on the date first noted above.
<br />Borrower Jeffies D Erbes
<br />Borrower
<br />STATE OF NEBRASKA
<br />COUNTY OF Hall i ss:
<br />On this 15th day of December 1 2000 , before me, the undersigned, a Notary Public duly commissioned and
<br />qualified for said county, personally came James D Erbes an unmarried individual
<br />, to
<br />be the identical person(s) whose name(s) is /are subscribed to the foregoing instrument, and he /she /they acknowledge the execution thereof
<br />to be his /her /their voluntary act and deed.
<br />Witness my hand and Notarial Seal at Grand Island Nebraska in said county, the
<br />date aforesaid. ,
<br />AGENERAL NOTARY -State of Nebraska
<br />ll WILLIAM L. MCLELLAN N66ry Public William L McLellan
<br />My Comm. Exp. Aug. 12, 2004
<br />My Commission expires:
<br />F106151M0 (6/94)
<br />
|