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<br />ASSIGNMENT OF RENTS
<br />THIS ASSIGNMENT OF RENTS dated February 23, 2004, is made and executed between Jonathan M. Smith
<br />and Melanie A. Smith, husband and wife, whose address is 330 Renee Road, Doniphan, NE 68832 (referred to
<br />below as "Grantor ") and Wells Fargo Bank, National Association, whose address is 304 W. 3rd Street, Grand
<br />Island, NE 68801 (referred to below as "Lender ").
<br />ASSIGNMENT. For valuable consideration, Grantor hereby assigns, grants a continuing security interest in, and
<br />conveys to Lender all of Grantor's right, title, and interest in and to the Rents from the following described
<br />Property located in Hall County, State of Nebraska:
<br />Lot Three (3), Block Four (4), in Windolph's Addition to the City of Grand Island, Hall County, Nebraska.
<br />Lot Six (6), in Block Ninety -Nine (99) of Railroad Addition to the City of Grand Island, Hall County,
<br />Nebraska.
<br />The Property or its address is commonly known as 1215 W. Louise and 410 W. Koenig, Grand Island, NE
<br />68901. The Property tax identification number is 400139537 and 400080729
<br />CROSS- COLLATERALIZATION. In addition to the Note, this Assignment secures all obligations, debts and liabilities, plus interest thereon,
<br />of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether
<br />now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or
<br />not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Grantor may be liable
<br />individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon
<br />such amounts 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 />THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL
<br />OBLIGATIONS OF GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS. THIS ASSIGNMENT IS GIVEN
<br />AND ACCEPTED ON THE FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Assignment or any Related Documents, Grantor shall pay to Lender
<br />all amounts secured by this Assignment as they become due, and shall strictly perform all of Grantor's obligations under this Assignment.
<br />Unless and until Lender exercises its right to collect the Rents as provided below and so long as there is no default under this Assignment,
<br />Grantor may remain in possession and control of and operate and manage the Property and collect the Rents, provided that the granting of
<br />the right to collect the Rents shall 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 claims except as
<br />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 convey the Rents to
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<br />WHEN RECORDED MAIL TO:
<br />Wells Fargo Bank, National Association
<br />Ann: Collateral Processing - Rep III
<br />200401958
<br />730 2nd Avenue South, Suite 1000
<br />Minneapolis MN 55479
<br />FOR RECORDER'S USE ONLY
<br />IIIIIIIIIIIIIIIIIIIII
<br />ASSIGNMENT OF RENTS
<br />THIS ASSIGNMENT OF RENTS dated February 23, 2004, is made and executed between Jonathan M. Smith
<br />and Melanie A. Smith, husband and wife, whose address is 330 Renee Road, Doniphan, NE 68832 (referred to
<br />below as "Grantor ") and Wells Fargo Bank, National Association, whose address is 304 W. 3rd Street, Grand
<br />Island, NE 68801 (referred to below as "Lender ").
<br />ASSIGNMENT. For valuable consideration, Grantor hereby assigns, grants a continuing security interest in, and
<br />conveys to Lender all of Grantor's right, title, and interest in and to the Rents from the following described
<br />Property located in Hall County, State of Nebraska:
<br />Lot Three (3), Block Four (4), in Windolph's Addition to the City of Grand Island, Hall County, Nebraska.
<br />Lot Six (6), in Block Ninety -Nine (99) of Railroad Addition to the City of Grand Island, Hall County,
<br />Nebraska.
<br />The Property or its address is commonly known as 1215 W. Louise and 410 W. Koenig, Grand Island, NE
<br />68901. The Property tax identification number is 400139537 and 400080729
<br />CROSS- COLLATERALIZATION. In addition to the Note, this Assignment secures all obligations, debts and liabilities, plus interest thereon,
<br />of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether
<br />now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or
<br />not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Grantor may be liable
<br />individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon
<br />such amounts 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 />THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL
<br />OBLIGATIONS OF GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS. THIS ASSIGNMENT IS GIVEN
<br />AND ACCEPTED ON THE FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Assignment or any Related Documents, Grantor shall pay to Lender
<br />all amounts secured by this Assignment as they become due, and shall strictly perform all of Grantor's obligations under this Assignment.
<br />Unless and until Lender exercises its right to collect the Rents as provided below and so long as there is no default under this Assignment,
<br />Grantor may remain in possession and control of and operate and manage the Property and collect the Rents, provided that the granting of
<br />the right to collect the Rents shall 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 claims except as
<br />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 convey the Rents to
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