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Space Above This Line For Recording Data <br />3 7, cv <br />ASSIGNMENT OF LEASES AND RENTS <br />DATE AND PARTIES. The date of this Assignment of Leases and Rents (Assignment) is September 17, 2004. <br />The parties and their addresses are: <br />ASSIGNOR: <br />DOUGLAS M WESTERBY <br />Spouse of Victoria Westerby <br />3620 Catfish Ave <br />Grand Island, Nebraska 68801 <br />VICTORIA WESTERBY <br />Spouse of Douglas M Westerby <br />husband and wife <br />3620 Catfish Ave <br />Grand Island, Nebraska 68801 <br />LENDER: <br />PLATTE VALLEY STATE BANK &TRUST COMPANY <br />Organized and existing under the laws of Nebraska <br />1451 North Webb Road <br />Grand Island, Nebraska 68803 <br />TIN: 47- 0343902 <br />1. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Assignment at any one time will <br />not exceed $340,000.00. This limitation of amount does not include interest and other fees and charges <br />validly made pursuant to this Assignment. Also, this limitation does not apply to advances made under the <br />terms of this Assignment to protect Lender's security and to perform any of the covenants contained in this <br />Assignment. <br />2. SECURED DEBTS. This Assignment will secure the following Secured Debts: <br />A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and <br />replacements. A promissory note or other agreement, No. 254238 -101, dated September 17, 2004, from <br />Assignor to Lender, with a loan amount of $340,000.00. <br />B. All Debts. All present and future debts from Assignor to Lender, even if this Assignment is not <br />specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more than <br />one person signs this Assignment, each agrees that it will secure debts incurred either individually or with <br />others Nk\,a may r\ot sign this Assignment. Rothing in this Assignment constitutes a commitment to make <br />additional or future loans or advances. Any such commitment must be in writing. In the event that Lender <br />fails to provide any required notice of the right of rescission, Lender waives any subsequent security interest <br />in the Assignor's principal dwelling that is created by this Assignment. This Assignment will not secure any <br />debt for which a non - possessory, non - purchase money security interest is created in "household goods" in <br />connection with a "consumer loan," as those terms are defined by federal law governing unfair and deceptive <br />credit practices. This Assignment will not secure any debt for which a security interest is created in "margin <br />stock" and Lender does not obtain a "statement of purpose," as defined and required by federal law <br />governing securities. <br />C. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this <br />Assignment. <br />3. ASSIGNMENT OF LEASES AND RENTS. For good and valuable consideration, the receipt and sufficiency of <br />which is acknowledged, and to secure the Secured Debts and Assignor's performance under this Assignment, <br />Assignor assigns, grants and conveys to Lender as additional security all the right, title and interest in the <br />following (Property). <br />A. Existing or future leases, subleases, licenses, guaranties and any other written, or verbal agreements for <br />the use and occupancy of the Property, including but not limited to any extensions, renewals, modifications <br />or replacements (Leases). <br />B. Rents, issues and profits, including but not limited to security deposits, minimum rents, percentage rents, <br />additional rents, common area maintenance charges, parking charges, real estate taxes, other applicable <br />Douglas M Westerby <br />Nebraska Assignment of Leases and Rents Initials <br />NE/ 4XX28333000725200004364015091704Y °1996 Bankers Systems, Inc., St. Cloud, MN Ecj5Zi "' Page 1 <br />r—, <br />M <br />n <br />n <br />C <br />M <br />CA <br />:3 <br />['1 Z <br />_ <br />\�, <br />o -ter <br />O <br />M D N <br />N <br />r Tr <br />z <br />CL <br />N <br />�' �.' _ <br />M <br />O <br />O (n <br />rn <br />O <br />rn ^ <br />O <br />r <br />Co <br />O <br />Cn <br />7c <br />rV CD <br />200409269 <br />C_n <br />� <br />C z <br />cn <br />o <br />Space Above This Line For Recording Data <br />3 7, cv <br />ASSIGNMENT OF LEASES AND RENTS <br />DATE AND PARTIES. The date of this Assignment of Leases and Rents (Assignment) is September 17, 2004. <br />The parties and their addresses are: <br />ASSIGNOR: <br />DOUGLAS M WESTERBY <br />Spouse of Victoria Westerby <br />3620 Catfish Ave <br />Grand Island, Nebraska 68801 <br />VICTORIA WESTERBY <br />Spouse of Douglas M Westerby <br />husband and wife <br />3620 Catfish Ave <br />Grand Island, Nebraska 68801 <br />LENDER: <br />PLATTE VALLEY STATE BANK &TRUST COMPANY <br />Organized and existing under the laws of Nebraska <br />1451 North Webb Road <br />Grand Island, Nebraska 68803 <br />TIN: 47- 0343902 <br />1. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Assignment at any one time will <br />not exceed $340,000.00. This limitation of amount does not include interest and other fees and charges <br />validly made pursuant to this Assignment. Also, this limitation does not apply to advances made under the <br />terms of this Assignment to protect Lender's security and to perform any of the covenants contained in this <br />Assignment. <br />2. SECURED DEBTS. This Assignment will secure the following Secured Debts: <br />A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and <br />replacements. A promissory note or other agreement, No. 254238 -101, dated September 17, 2004, from <br />Assignor to Lender, with a loan amount of $340,000.00. <br />B. All Debts. All present and future debts from Assignor to Lender, even if this Assignment is not <br />specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more than <br />one person signs this Assignment, each agrees that it will secure debts incurred either individually or with <br />others Nk\,a may r\ot sign this Assignment. Rothing in this Assignment constitutes a commitment to make <br />additional or future loans or advances. Any such commitment must be in writing. In the event that Lender <br />fails to provide any required notice of the right of rescission, Lender waives any subsequent security interest <br />in the Assignor's principal dwelling that is created by this Assignment. This Assignment will not secure any <br />debt for which a non - possessory, non - purchase money security interest is created in "household goods" in <br />connection with a "consumer loan," as those terms are defined by federal law governing unfair and deceptive <br />credit practices. This Assignment will not secure any debt for which a security interest is created in "margin <br />stock" and Lender does not obtain a "statement of purpose," as defined and required by federal law <br />governing securities. <br />C. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this <br />Assignment. <br />3. ASSIGNMENT OF LEASES AND RENTS. For good and valuable consideration, the receipt and sufficiency of <br />which is acknowledged, and to secure the Secured Debts and Assignor's performance under this Assignment, <br />Assignor assigns, grants and conveys to Lender as additional security all the right, title and interest in the <br />following (Property). <br />A. Existing or future leases, subleases, licenses, guaranties and any other written, or verbal agreements for <br />the use and occupancy of the Property, including but not limited to any extensions, renewals, modifications <br />or replacements (Leases). <br />B. Rents, issues and profits, including but not limited to security deposits, minimum rents, percentage rents, <br />additional rents, common area maintenance charges, parking charges, real estate taxes, other applicable <br />Douglas M Westerby <br />Nebraska Assignment of Leases and Rents Initials <br />NE/ 4XX28333000725200004364015091704Y °1996 Bankers Systems, Inc., St. Cloud, MN Ecj5Zi "' Page 1 <br />