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DATE AND PARTIES. The date of this Assignment of Leases and Rents (Assignment) is August 27, 2003. The
<br />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 $245,000.00. 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, No. 254238 -100, dated August 27, 2003, from Assignor to Lender, with
<br />a loan amount of $245,000.00.
<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 who may not sign this Assignment. Nothing 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 (all referred to as 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 any extensions, renewals, modifications or replacements
<br />(all referred to as Leases).
<br />B. Rents, issues and profits (all referred to as Rents), including but not limited to security deposits, minimum
<br />rent, percentage rent, additional rent, common area maintenance charges, parking charges, real estate taxes,
<br />Douglas M Westerby
<br />Nebraska Assignment of Leases and Rents Initials
<br />NE/ 4XX28333000623900003872014082603Y 01996 Bankers Svstems, Inc., St. Cloud, MN Fx Page 1
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<br />ASSIGNMENT OF LEASES AND RENTS
<br />-Z
<br />DATE AND PARTIES. The date of this Assignment of Leases and Rents (Assignment) is August 27, 2003. The
<br />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 $245,000.00. 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, No. 254238 -100, dated August 27, 2003, from Assignor to Lender, with
<br />a loan amount of $245,000.00.
<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 who may not sign this Assignment. Nothing 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 (all referred to as 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 any extensions, renewals, modifications or replacements
<br />(all referred to as Leases).
<br />B. Rents, issues and profits (all referred to as Rents), including but not limited to security deposits, minimum
<br />rent, percentage rent, additional rent, common area maintenance charges, parking charges, real estate taxes,
<br />Douglas M Westerby
<br />Nebraska Assignment of Leases and Rents Initials
<br />NE/ 4XX28333000623900003872014082603Y 01996 Bankers Svstems, Inc., St. Cloud, MN Fx Page 1
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