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200808200
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9/25/2008 4:37:28 PM
Creation date
9/25/2008 4:37:27 PM
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DEEDS
Inst Number
200808200
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<br />200808200 <br /> <br />. <br />. ,still be obligated under this Assignment for the remaining Property. If this Assignment secures a guaranty between <br />Lender and Assignor, Assignor agrees to waive any rights that may prevent Lender from bringing any action or claim <br />against Assignor or any party indebted under the obligation. These rights may include, but are not limited to, any <br />anti-deficiency or one-action laws. Assignor agrees that Lender and any party to this Assignment may extend, <br />modify or make any change in the terms of this Assignment or any evidence of debt without Assignor's consent. <br />Such a change will not release Assignor from the terms of this Assignment. Lender may assign all or part of <br />Lender's rights under this Assignment without Assignor's consent. If Lender assigns this Assignment, all of <br />Assignor's covenants, agreements, representations and warranties contained in this Assignment will benefit Lender's <br />successors and assigns. The duties of this Assignment will bind the successors and assigns of Assignor. <br /> <br />20. AMENDMENT, INTEGRATION AND SEVERABILITY. This Assignment may not be amended or modified by oral <br />agreement. No amendment or modification of this Assignment is effective unless made in writing and executed by <br />Assignor and Lender. This Assignment and any other documents relating to the Secured Debts are the complete and <br />final expression of the agreement. If any provision of this Assignment is unenforceable, then the unenforceable <br />provision will be severed and the remaining provisions will still be enforceable. <br /> <br />21. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The <br />section headings are for convenience only and are not to be used to interpret or define the terms of this Assignment. <br /> <br />22. NOTICE, FINANCIAL REPORTS, ADDITIONAL DOCUMENTS AND RECORDING TAXES. Unless otherwise <br />required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate party's <br />address listed in the DATE AND PARTIES section, or to any other address designated in writing. Notice to one <br />Assignor will be deemed to be notice to all Assignors. Assignor will inform Lender in writing of any change in <br />Assignor's name, address or other application information. Assignor will provide Lender any financial statements or <br />information Lender requests. All financial statements and information Assignor gives Lender will be correct and <br />complete. Assignor agrees to pay all expenses, charges and taxes in connection with the preparation and recording <br />of this Assignment. Assignor agrees to sign, deliver, and file any additional documents or certifications that Lender <br />may consider necessary to perfect, continue, and preserve Assignor's obligations under this Assignment and to <br />confirm Lender's lien status on any Property, and Assignor agrees to pay all expenses, charges and taxes in <br />connection with the preparation and recording thereof. Time is of the essence. <br /> <br />23. AGREEMENT TO ARBITRATE. Lender or Assignor may submit to binding arbitration any dispute, claim or other <br />matter in question between or among Lender and Assignor that arises out of or relates to this Transaction (Dispute), <br />except as otherwise indicated in this section or as Lender and Assignor agree to in writing. For purposes of this <br />section, this Transaction includes this Assignment and any other document relating to the Secured Debts, and <br />proposed loans or extensions of credit that relate to this Assignment. Lender or Assignor will not arbitrate any <br />Dispute within any "core proceedings" under the United States bankruptcy laws. <br />Lender and Assignor must consent to arbitrate any Dispute concerning the Secured Debt secured by real estate at <br />the time of the proposed arbitration. Lender may foreclose or exercise any powers of sale against real property <br />securing the Secured Debt underlying any Dispute before, during or after any arbitration. Lender may also enforce <br />the Secured Debt secured by this real property and underlying the Dispute before, during or after any arbitration. <br /> <br />Lender or Assignor may, whether or not any arbitration has begun, pursue any self-help or similar remedies, <br />including taking property or exercising other rights under the law; seek attachment, garnishment, receivership or <br />other provisional remedies from a court having jurisdiction to preserve the rights of or to prevent irreparable injury to <br />Lender or Assignor; or foreclose against any property by any method or take legal action to recover any property. <br />Foreclosing or exercising a power of sale, beginning and continuing a judicial action or pursuing self-help remedies <br />will not constitute a waiver of the right to compel arbitration. <br />The arbitrator will determine whether a Dispute is arbitrable. A single arbitrator will resolve any Dispute, whether <br />individual or joint in nature, or whether based on contract, tort, or any other matter at law or in equity. The arbitrator <br />may consolidate any Dispute with any related disputes, claims or other matters in question not arising out of this <br />Transaction. Any court having jurisdiction may enter a judgment or decree on the arbitrator's award. The judgment <br />or decree will be enforced as any other judgment or decree. <br />Ronald L. Follmer <br />Nebraska Assignment of Leases and Rents <br />NE/4XXSPAITZ00000000000111043092208N <br /> <br />@1996 Bankers Systems, Inc_. 51. Cloud, MN ~ <br /> <br />InitialsW, <br />Page 8 <br />
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