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<br /> NORWEST SANK NEBRASKA, NATIONNA4 ASSOCIATION ASSIGNMENT OF
<br /> LEASES AND RENT
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<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.
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