Laserfiche WebLink
CASH <br />CHECK'' <br />REFUNDS: <br />CASH <br />CHECK <br />RECORDED <br />es. <br />HALL COUNTY NE <br />41. IP4ST 20211 05521 20214hOV—I P 3:21 <br />WHEN RECORDED MAIL TO: <br />BRUNING BANK <br />GRAND ISLAND LOCATION <br />3032 WEST STOLLEY PARK ROAD/PO BOX <br />1109 <br />GRAND ISLAND, NE 68802 <br />KRSTI WOLD <br />REGISTER OF DEEDS <br />FOR RECORDER'S USE ONLY <br />ASSIGNMENT OF RENTS <br />THIS ASSIGNMENT OF RENTS dated October 31, 2024, is made and executed between <br />BETHANY JAMES INVESTMENTS, L.L.C.; A NEBRASKA LIMITED LIABILITY COMPANY <br />(referred to below as "Grantor") and BRUNING BANK, whose address is 3032 WEST STOLLEY <br />PARK ROAD/PO BOX 1109, GRAND ISLAND, NE 68802 (referred to below as "Lender"). <br />130 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 />C) Lots Five (5) and Seven (7), in Block Twenty -One (21), University Place, an Addition to the <br />City of Grand Island, Hall County, Nebraska. <br />The Property or its address is commonly known as 1920-1922 N SHERIDAN AVE, GRAND <br />ISLAND, NE 68803. <br />CROSS-COLLATERALIZATION. In addition to the Note, this Assignment secures all obligations, debts and liabilities, <br />plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor <br />or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of <br />the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, <br />absolute or contingent, liquidated or unliquidated, whether Grantor may be liable individually or jointly with others, <br />whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts <br />may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts <br />may be or hereafter may become otherwise unenforceable. <br />FUTURE ADVANCES. In addition to the Note, this Assignment secures all future advances made by Lender to Grantor <br />whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Assignment <br />secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to <br />Grantor, together with all interest thereon; however, in no event shall such future advances (excluding interest) exceed <br />in the aggregate $282,806.00. <br />THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY <br />AND ALL OBLIGATIONS OF GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS. <br />THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <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 />3LI <br />