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. 99 110024 <br /> ASSIGNMENT OF RENTS RIDER <br /> THIS ASSIGNMENT OF RENTS RIDER is made and executed this 8th day of OCtObEY 1999 , 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 /> 2620 COTTAGE ST GRAND ISLAND NEBRASKA 68803 <br /> (Property Address) <br /> WITNESSETH: <br /> WHEREAS, Borrower and Lender have agreed that any rents and profits attributable to the property should constitute additional security <br /> to the Lender for the payment of the Note; <br /> NOW, THEREFORE, It is agreed that the Security instrument shall be amended hereby and deemed to include the following provisions: <br /> 1. Assiqnment of Rents and Lender Rentai Collection Riqhts. 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 defauit 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. Riqht 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 coliect the rents therefrom, and to apply the proceeds thereof to the payment of the Note. <br /> 4. Aoplication of Rents, Issues and Profits. Ali 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�. <br /> C <br /> �• <br /> eo« Wer l�EVIN J WILLEY <br /> � � - <br /> ffOWe� YNTHIA A WILL Y <br /> STATE OF NEBRASKA <br /> � ss: <br /> COUNTY OF HALL <br /> On this 8th day of October 1999 , before me, the undersigned, a Notary Public duly commissioned and <br /> qualified for said county, persona��y came KEVIN J WILLEY AND CYNTHIA A WILLEY HUSBAND AND WIFE, <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 I at GRAND ISLAND , N ASKA i said unty, the <br /> date aforesaid. <br /> %� CF�;� <br /> `''';.�; '�Al <br /> ,��i�l��lq,�� Notary Public N/�LLIAM L. McLELLAN <br /> ��0����,,� S�aiP <br /> My Commission expires: AUGUST 12 20 �Fyn 'y�(�/'y�°6� <br /> l� _qi� d <br /> ���'p0 <br /> Ft0615.LMG (6/94) <br />