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<br /> <br /> <br /> r.~rww~o~ .w <br /> NORWEST SANK NEBRASKA, NATIONNA4 ASSOCIATION ASSIGNMENT OF <br /> LEASES AND RENT <br /> gwwwr sAN ,3 <br /> g <br /> <br /> <br /> This Assignment, mauve this 25 day of Reccmtanr , 19 93 by and <br /> between ~ia~}s~rL2I.lnr-. <br /> ('Assignor'), antiNORWEST LANK NEBRASKA, /NATIONA._ ASSOCIATION ('Assignee"J. <br /> WITNESSETN: <br /> <br /> It is agreed as follows: <br /> 1. Definitions. As used in thi3 Agreement: <br /> <br /> A. "Mortgage-shah/ mown that curtain Deed of Trust in the principal sum <br /> of$ 97,500.00 „,dated ]December 7.9 , 19 93 . <br /> executed by_.._„ Hooker Brothers, Yn_. ,as Truitor, to NORWESTBANIK <br /> NEBRASKA, NAT.'CNAt ASSOCIATION, as Beneficiary, upon the rail estate and improvements <br /> desc-ibpd in Exhibit "A", which is,~=1WW and by this rc!*rerce incorporated herein. <br /> provided below <br /> B. "Note"shall mean that certain note secured by the S_. 97.500.00 <br /> Deer' of Trust, executed contemporaneously therewith by Hooker Brothers, Inc. <br /> as maker, and NORWEST BANK NEBRASKA, <br /> NATIONAL ASSOCIATION, as payee, and secured by the feed of Trust. <br /> C. "Loan"as hereinafter used, shall mean the Im.n. in the amounR of ___97.5500._00 <br /> - as evidenced by the note and secured ny the Deed of Trust, as well its any other <br /> securing instruments. <br /> NOW, THEREFORE, for and in consideration of the making and funding of said Loan, and for <br /> other good and valuable consideration, the receipt whereof is hereby acknowledged, Assignor, for itself, <br /> its successors, personal representatives, heirs and assigns, has bargained, sold, transferred, assigned <br /> 3 conveyed, set over and delivered, and by these presents doers hereby bargain, sell, transfer, assigns, and <br /> convey as security for the repayment of the above described indebtedness and the payment and oer- <br /> formance of all of the terms and conditions of the Note and rVortgage evidencing the same, and any <br /> and all amendments, ex fensians and renewals thereof, all leases now or hereafter executed affecting <br /> the Mortgaged Prerni, ei, and all rents, issues, profits and income and sums of money which may now <br /> or hereafter be or become due and owing under and by virtue of said /eases, it being the intrlttion <br /> hereby to establish a complete transfer and assignment of the leases hereby assigned and all the avwils <br /> thereunder unto the Assignee, its successors and assigns, together with the right, but without the <br /> obligation, to collect all of the said rents, issues, profits and incomes arising or accruing, or which may <br /> become dug at any time during the life of this Assignment. Assignor further agrees, upon dettand <br /> thereof, to deliver to and deposit said leases with Assignee. <br /> Assignor hereby designates. constitutes and appoint3 Assignee, its successors and assigns, with <br /> full power of substitution, its true and lawful attorney with power fcr it and in its name, place and <br /> stead, for in the name of Assignee, to ask, demand, collect, receive, receipt and gyve full and com- <br /> plete acquittances for any and all rents, issues, profits and income hereby assigned which may become <br /> due and payable by lessees or other occupants of the Mortgaged Premises; and at its discretion to fife <br /> any claim or take any other action or proceeding to make any settlement of an rs-faim, either in its <br /> own name or in the name of Assignor, or otherwise, which the Assig WaNis rrcaft iraiay deem <br /> desirable in order to collect and enforce the payment of any and It nth and income <br /> herein assigned. The lessees and occupants of .he Mortgaged Premise t rl fiOWT, are hereby <br /> expressly authorized and directed to pay all rents and sums herein assigned wfiich would be payable <br /> to Assignor, except for this Assignment, to titre Assignee, and to transmit and deliver such payment <br /> to the Assignee or such nominee as it may designate in writing, delivered to ard received by such <br /> lessee or occupant, who is expressly relieved of any and all duty, liability or o h'aation to the <br /> Assignor in respect of al: payments so made. <br /> Assignee shall be, and hereby is, vested with full power to use all such mes: ures, legal and <br /> equitab!a, as in its discretion may be deemed necessary or proper to enforce this Agreement a-nd <br /> to collect the rents, issues, profits and income assigned hereunder, including the right to enter ur-,n <br /> the premises and to take possession thereo`, and Assignor hereby grants full povver and outher;ty <br /> to the Ass,;,:-tee to exercise all rights, privileges and powers herein granted at any,and all times here- <br /> a.'ter, :wzhour notice w Assignor, ;vith full power to use and apply al! of the rents, issues, profits and <br /> income herein assigned to the payments of any indebtedness or liability of the Assignor to the <br /> Assignee, in such order as Assignee may determine. <br /> e <br />