|
77
<br />m
<br />C
<br />m GI G
<br />C) S
<br />I_
<br />f
<br />r
<br />km
<br />WHEN RECORDED MAIL TO:
<br />Wells Fargo Bank Minnesota, N.A.
<br />Attn: Collateral Processing - Rep III Bin
<br />730 2nd Avenue South, Suite 1000 FOR RECORDER'S USE ONLY
<br />Minneapolis, MN 55479
<br />ASSIGNMENT OF RENTS
<br />THIS ASSIGNMENT OF RENTS dated February 25, 2002, is made and executed between Todd C. Enck and
<br />Kelly A. Enck, husband and wife, whose address is 511 Fleetwood Circle, Grand Island, NE 68803; (referred
<br />to below as "Grantor ") and Wells Fargo Bank Nebraska, N.A., whose address is 304 W 3rd St, Grand Island,
<br />NE 68801 (referred to below as "Lender ").
<br />ASSIGNMENT. For valuable consideration, Grantor hereby assigns, grants a continuing security interest in, and
<br />conveys to Lender all of Grantor's right, title, and interest in and to the Rents from the following described
<br />Property located in Hall County, State of Nebraska:
<br />Lot 7, Block 38, Packer & Barr's Second Addition, City of Grand Island, Hall County, Nebraska
<br />The Property or its address is commonly known as 131 North Grace Avenue, Grand Island, NE 68803. The
<br />Property tax identification number is 400071908
<br />FUTURE ADVANCES. Specifically, without limitation, this Assignment secures, in addition to the amounts specified in the Note, all future
<br />amounts Lender in its discretion may loan to Grantor, together with all interest thereon.
<br />THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL
<br />OBLIGATIONS OF GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS. THIS ASSIGNMENT IS GIVEN
<br />AND ACCEPTED ON THE FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Assignment or any Related Documents, Grantor shall pay to Lender
<br />all amounts secured by this Assignment as they become due, and shall strictly perform all of Grantor's obligations under this Assignment.
<br />Unless and until Lender exercises its right to collect the Rents as provided below and so long as there is no default under this Assignment,
<br />Grantor may remain in possession and control of and operate and manage the Property and collect the Rents, provided that the granting of
<br />the right to collect the Rents shall not constitute Lender's consent to the use of cash collateral in a bankruptcy proceeding.
<br />GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that:
<br />Ownership. Grantor is entitled to receive the Rents free and clear of all rights, loans, liens, encumbrances, and claims except as
<br />disclosed to and accepted by Lender in writing.
<br />Right to Assign. Grantor has the full right, power and authority to enter into this Assignment and to assign and convey the Rents to
<br />Lender.
<br />No Prior Assignment. Grantor has not previously assigned or conveyed the Rents to any other person by any instrument now in force.
<br />No Further Transfer. Grantor will not sell, assign, encumber, or otherwise dispose of any of Grantor's rights in the Rents except as
<br />provided in this Assignment.
<br />LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS. Lender shall have the right at any time, and even though no default shall have
<br />occurred under this Assignment, to collect and receive the Rents. For this purpose, Lender is hereby given and granted the following
<br />rights, powers and authority:
<br />Notice to Tenants. Lender may send notices to any and all tenants of the Property advising them of this Assignment and directing all
<br />Rents to be paid directly to Lender or Lender's agent.
<br />Enter the Property. Lender may enter upon and take possession of the Property; demand, collect and receive from the tenants or from
<br />any other persons liable therefor, all of the Rents; institute and carry on all legal proceedings necessary for the protection of the
<br />Property, including such proceedings as may be necessary to recover possession of the Property; collect the Rents and remove any
<br />tenant or tenants or other persons from the Property.
<br />Maintain the Property. Lender may enter upon the Property to maintain the Property and keep the same in repair; to pay the costs
<br />Y�
<br />r,
<br />>
<br />:1
<br />N
<br />C? C()
<br />o
<br />rStl
<br />C —1
<br />N
<br />rrt
<br />ee
<br />PIc
<br />_�
<br />rrrn
<br />C�TJ
<br />0
<br />r
<br />(ni
<br />W
<br />Co
<br />Q,
<br />C,D
<br />CD
<br />Cn
<br />C CJ
<br />Cc,
<br />C
<br />O
<br />WHEN RECORDED MAIL TO:
<br />Wells Fargo Bank Minnesota, N.A.
<br />Attn: Collateral Processing - Rep III Bin
<br />730 2nd Avenue South, Suite 1000 FOR RECORDER'S USE ONLY
<br />Minneapolis, MN 55479
<br />ASSIGNMENT OF RENTS
<br />THIS ASSIGNMENT OF RENTS dated February 25, 2002, is made and executed between Todd C. Enck and
<br />Kelly A. Enck, husband and wife, whose address is 511 Fleetwood Circle, Grand Island, NE 68803; (referred
<br />to below as "Grantor ") and Wells Fargo Bank Nebraska, N.A., whose address is 304 W 3rd St, Grand Island,
<br />NE 68801 (referred to below as "Lender ").
<br />ASSIGNMENT. For valuable consideration, Grantor hereby assigns, grants a continuing security interest in, and
<br />conveys to Lender all of Grantor's right, title, and interest in and to the Rents from the following described
<br />Property located in Hall County, State of Nebraska:
<br />Lot 7, Block 38, Packer & Barr's Second Addition, City of Grand Island, Hall County, Nebraska
<br />The Property or its address is commonly known as 131 North Grace Avenue, Grand Island, NE 68803. The
<br />Property tax identification number is 400071908
<br />FUTURE ADVANCES. Specifically, without limitation, this Assignment secures, in addition to the amounts specified in the Note, all future
<br />amounts Lender in its discretion may loan to Grantor, together with all interest thereon.
<br />THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL
<br />OBLIGATIONS OF GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS. THIS ASSIGNMENT IS GIVEN
<br />AND ACCEPTED ON THE FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Assignment or any Related Documents, Grantor shall pay to Lender
<br />all amounts secured by this Assignment as they become due, and shall strictly perform all of Grantor's obligations under this Assignment.
<br />Unless and until Lender exercises its right to collect the Rents as provided below and so long as there is no default under this Assignment,
<br />Grantor may remain in possession and control of and operate and manage the Property and collect the Rents, provided that the granting of
<br />the right to collect the Rents shall not constitute Lender's consent to the use of cash collateral in a bankruptcy proceeding.
<br />GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that:
<br />Ownership. Grantor is entitled to receive the Rents free and clear of all rights, loans, liens, encumbrances, and claims except as
<br />disclosed to and accepted by Lender in writing.
<br />Right to Assign. Grantor has the full right, power and authority to enter into this Assignment and to assign and convey the Rents to
<br />Lender.
<br />No Prior Assignment. Grantor has not previously assigned or conveyed the Rents to any other person by any instrument now in force.
<br />No Further Transfer. Grantor will not sell, assign, encumber, or otherwise dispose of any of Grantor's rights in the Rents except as
<br />provided in this Assignment.
<br />LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS. Lender shall have the right at any time, and even though no default shall have
<br />occurred under this Assignment, to collect and receive the Rents. For this purpose, Lender is hereby given and granted the following
<br />rights, powers and authority:
<br />Notice to Tenants. Lender may send notices to any and all tenants of the Property advising them of this Assignment and directing all
<br />Rents to be paid directly to Lender or Lender's agent.
<br />Enter the Property. Lender may enter upon and take possession of the Property; demand, collect and receive from the tenants or from
<br />any other persons liable therefor, all of the Rents; institute and carry on all legal proceedings necessary for the protection of the
<br />Property, including such proceedings as may be necessary to recover possession of the Property; collect the Rents and remove any
<br />tenant or tenants or other persons from the Property.
<br />Maintain the Property. Lender may enter upon the Property to maintain the Property and keep the same in repair; to pay the costs
<br />Y�
<br />
|