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o o N <br />m <br />i <br />WHEN RECORDED MAIL TO: <br />Wells Fargo Bank, National Association 200402084 <br />Ann: Collateral Processing - Rep III <br />730 2nd Avenue Saulb. Suite 1000 <br />M' I' MN 554]9 FOR RECOflDER'S USE ONLY <br />O� <br />N� <br />0 <br />c <br />o � <br />fV <br />O <br />roro <br />S O <br />l l ry II I N� IIII b I II ( Lf J Gt1 <br />200574206442300090 <br />ASSIGNMENT OF RENTS <br />THIS ASSIGNMENT OF RENTS dated March 2, 2004, is made and executed between D & D Investments, A <br />Nebraska Partnership, whose address is 429 Industrial Lane, Grand Island, NE 68803; (referred to below as <br />"Grantor ") and Wells Fargo Bank, National Association, whose address is 304 W. 3rd Street, Grand Island. NE <br />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 Nine (9). Block Twenty -Seven (27). Russel Wheeler's Addition, City of Grand Island, Hall County, <br />Nebraska <br />AND <br />The Northerly Sixty -six feet (11,1661 of the West Fifty feet (W501 of Lot Five (5), Block Sixty -Two (62), of <br />the Original Town, now City of Grand Island, Hall County, Nebraska <br />The Property or its address is commonly known as 108 West 10th Street and 209 North Elm, Grand Island, <br />NE 68801. The Property tax identification number is 400121476 and 400005115 <br />THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND 121 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 secumd 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 />GRANTORS REPRESENTATIONS AND WARRANTIES. Grantor warrants that: <br />Ownership. Grantor is entitled to receive the Rents tree and clear of all rights, loons, liens, encumbrances, and claims excepr 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 <br />Lender. <br />No Prior Assignment. Grantor has not previously assigned or convcyed the Rants to any other person by any Instrument now In force. <br />No Further Transfer. Grantor will not sell, assign, encumber, or otherwise Chapeau of any of Grantor's rights in the Rents except as <br />� <br />O N <br />U —1 <br />M <br />L <br />m <br />H <br />y ITl <br />In <br />`S, <br />r r- <br />o o N <br />m <br />i <br />WHEN RECORDED MAIL TO: <br />Wells Fargo Bank, National Association 200402084 <br />Ann: Collateral Processing - Rep III <br />730 2nd Avenue Saulb. Suite 1000 <br />M' I' MN 554]9 FOR RECOflDER'S USE ONLY <br />O� <br />N� <br />0 <br />c <br />o � <br />fV <br />O <br />roro <br />S O <br />l l ry II I N� IIII b I II ( Lf J Gt1 <br />200574206442300090 <br />ASSIGNMENT OF RENTS <br />THIS ASSIGNMENT OF RENTS dated March 2, 2004, is made and executed between D & D Investments, A <br />Nebraska Partnership, whose address is 429 Industrial Lane, Grand Island, NE 68803; (referred to below as <br />"Grantor ") and Wells Fargo Bank, National Association, whose address is 304 W. 3rd Street, Grand Island. NE <br />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 Nine (9). Block Twenty -Seven (27). Russel Wheeler's Addition, City of Grand Island, Hall County, <br />Nebraska <br />AND <br />The Northerly Sixty -six feet (11,1661 of the West Fifty feet (W501 of Lot Five (5), Block Sixty -Two (62), of <br />the Original Town, now City of Grand Island, Hall County, Nebraska <br />The Property or its address is commonly known as 108 West 10th Street and 209 North Elm, Grand Island, <br />NE 68801. The Property tax identification number is 400121476 and 400005115 <br />THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND 121 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 secumd 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 />GRANTORS REPRESENTATIONS AND WARRANTIES. Grantor warrants that: <br />Ownership. Grantor is entitled to receive the Rents tree and clear of all rights, loons, liens, encumbrances, and claims excepr 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 <br />Lender. <br />No Prior Assignment. Grantor has not previously assigned or convcyed the Rants to any other person by any Instrument now In force. <br />No Further Transfer. Grantor will not sell, assign, encumber, or otherwise Chapeau of any of Grantor's rights in the Rents except as <br />