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200406477 ASSIGNMENT OF RENTS <br />(Continued) Page 4 <br />Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness. <br />Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of <br />the Note. <br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note <br />or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note <br />or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by <br />Lender to enforce Grantor's obligations under this Assignment, together with interest on such amounts as provided in this <br />Assignment. Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision of <br />this Assignment, together with all interest thereon. <br />Lender. The word "Lender" means First Community Bank, a Branch of First State Bank N.M., its successors and assigns. <br />Note. The word "Note" means FOR THE PROMISSORY NOTE DATED JUNE 15, 2004 IN THE ORIGINAL PRINCIPAL AMOUNT OF <br />$496,149.52 AND FOR THE PROMISSORY NOTE DATED JUNE 15, 2004, IN THE ORIGINAL PRINCIPAL AMOUNT OF <br />$1,596,316.81 . <br />Property. The word "Property" means all of Grantor's right, title and interest in and to all the Property as described in the <br />"Assignment" section of this Assignment. <br />Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental <br />agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other <br />instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. <br />Rents. The word "Rents" means all of Grantor's present and future rights, title and interest in, to and under any and all present and <br />future leases, including, without limitation, all rents, revenue, income, issues, royalties, bonuses, accounts receivable, cash or security <br />deposits, advance rentals, profits and proceeds from the Property, and other payments and benefits derived or to be derived from such <br />leases of every kind and nature, whether due now or later, including without limitation Grantor's right to enforce such leases and to <br />receive and collect payment and proceeds thereunder. <br />THE UNDERSIGNED ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS ASSIGNMENT, AND NOT PERSONALLY BUT AS <br />AN AUTHORIZED SIGNER, HAS CAUSED THIS ASSIGNMENT TO BE SIGNED AND EXECUTED ON BEHALF OF GRANTOR ON JUNE 15, <br />2004. <br />GRANTOR: <br />TRI- Y PR PERTIES, LLC <br />ey: <br />DEWNWA INS, anag r bl-W-CITYPF(OPERTFES, LLC <br />LIMITED LIABILITY COMPANY ACKNOWLEDGMENT <br />STATE OF etJ /0 z,` 1 <br />COUNTY OF Cl <br />) SS <br />On this day of \ - /� 20 �, before me, the undersigned Notary Public, <br />personally appeared DENNIS A. BLEVINS, Tthe g of TRI -CITY PROPERTIES, LLC, and known to me to be partner or designated agent of <br />the limited liability company that executed SIGN MENT OF RENTS and acknowledged the Assignment to be the free and voluntary <br />act and deed of the limited liability c__RR ilijljEf�( /9 i on y of statute, its articles of ��1rganizatio r its operating agreement, for the uses and <br />purposes therein mentioned, an tttJt ' at he or she is authorize¢ k exec a th Assignment and in fact executed the <br />Assignment on behalf of the li tp'COna <br />V' NpTAgy 3 By <br />Notary Public in land fort State of <br />a fi <br />Residing at l 5- 7L <br />�j • • pU81'`G .'� My commission expires <br />LASER PRO Lend­ Ver, 5.23.10.001 Cop,. Nmlend Fin—W Solutions, Inc. 1997, 2006. All Right, Reserved. - NE /CO LAAPMLPMCFhLPL \G16.FC M -22931 PR -35 <br />