|
202507285
<br />(c) Collection and Application of Rents. Subject to the License, Lender has the right, power and
<br />authority to collect any and all Rents. All lessees under the Leases are hereby irrevocably authorized and notified by
<br />Grantor to rely upon and to comply with (and are fully protected in so doing) any notice or demand by Lender for the
<br />payment to Lender of Rents, or for the performance of any of lessees' undertakings under the Leases, and lessees shall
<br />have no right or duty to inquire as to whether any Event of Default has actually occurred or is then existing hereunder.
<br />Subject to the License, Lender may notify any Person that the Leases have been assigned to Lender and that all Rents
<br />are to be paid directly to Lender, whether or not Lender has commenced or completed foreclosure of or taken
<br />possession of the Property. Lender, by its acceptance of this instrument does not assume any duty or obligation under
<br />the Leases.
<br />(d) Rent Directives and other Notices. Lender may apply all amounts received by it pursuant to this
<br />assignment to pay any of the following in such order and amounts as Lender deems appropriate: (i) Secured
<br />Obligations; (ii) expenses of leasing, operating, maintaining and managing the Property, including without limitation,
<br />salaries, fees, commissions and wages of a managing agent and such other employees, agents or independent
<br />contractors as Lender deems necessary or desirable; (iii) taxes, charges, claims, assessments, any other liens, and
<br />premiums for insurance relating to the Property that Lender deems necessary or desirable; and (iv) the cost of
<br />alterations, renovations, repairs or replacements, and expenses incident to taking and retaining possession of the
<br />Property.
<br />3. Security Agreement / Fixture Filing.
<br />(a) Grant of Security Interest. Grantor grants Lender a security interest in all of Grantor's right, title
<br />and interest in all Property that may be characterized as personal property (other than wages, salaries or compensation
<br />for the services of Grantor nor by the household furniture or other goods of Grantor used for personal, family or
<br />household purposes) (collectively, the "Personalty"). Grantor authorizes Lender to file any UCC financing statements
<br />required by Lender, from time to time, to perfect Lender's security interest in the Personalty, including an "all assets"
<br />or other filing that may cover collateral in which Lender does not presently hold a security interest;
<br />(b) Addresses. The address adjacent to Grantor's signature below, (a) if Grantor is an individual, is
<br />Grantor's principal residence; (b) if Grantor is other than an individual and has only one place of business, is Grantor's
<br />principal place of business; and (c) if Grantor is anything other than an individual and has more than one place of
<br />business, is Grantor's chief executive office. The address for Lender specified in this instrument for purposes of
<br />notices to Lender is its address as secured party under the Uniform Commercial Code as adopted in the State of
<br />Nebraska (the "UCC").
<br />(c) Fixture Filing. This instrument constitutes a financing statement filed as a fixture filing under the
<br />UCC, covering any Property which now is or later may become a fixture attached to the Land or any Improvement.
<br />For this purpose, the "debtor" is Grantor, the "secured party" is Lender and the collateral is or includes fixtures.
<br />4. Secured Obligations.
<br />(a) Secured Obligations. This instrument is for the purpose of securing the payment and performance
<br />of the following obligations (individually and collectively, the "Secured Obligations"):
<br />(i)
<br />all Obligations including: (A) the principal amount of the Note, accrued interest thereon, and all
<br />other indebtedness, liabilities and obligations under the Note; and (B) and all other indebtedness,
<br />liabilities and obligations of Borrower to Lender under the Loan Documents, whether now existing
<br />or hereafter arising, whether direct, indirect, related, unrelated, fixed, contingent, liquidated,
<br />unliquidated, joint, several, or joint and several;
<br />(ii) all obligations of Grantor under this instrument; all future advances and other obligations that
<br />Grantor may agree to pay or perform (whether as principal, surety or guarantor) for the benefit of
<br />Lender, when a writing evidences the parties' agreement that the advance or obligation be secured
<br />by this instrument;
<br />(iii) all modifications, amendments, extensions, and renewals, however evidenced, of any of the Secured
<br />Nebraska - Deed of Trust
<br />FAMC Loan No. 40011191
<br />Originator Loan No. 40011191
<br />5 ©Federal Agricultural Mortgage Corporation
<br />251518151204 IDoc Id 2101 M 12092025I
<br />
|