Laserfiche WebLink
~~ ~ n m <br />n Y ~ x~ ~[7 <br />~ _I ~ m <br />0 ~ _y ~ ~ ~ ~ C7 ~ U C~ A <br />~ rrr" p ~ ~ C/a <br />r*' ~ r ~ n ~ <br />~ ~--' x ° m <br />~ O <br />WHEN RECORDED MAIL TO: <br />Equitable Bank <br />North Locust Branch <br />113-175 N Locust St ~ !, V ~ <br />PO Box 160 <br />rand I land NE 6 02-01 FO REC RDER'S USE ONLY <br />ASSIGNMENT OF RENTS <br />THIS ASSIGNMENT OF RENTS dated August 21, 2009, is made and executed between Shawn G. Hanquist <br />and Amanda M. Hanquis#; Husband and Wife (referred to below as "Grantor") and Equitable Bank, whose <br />address is 113-115 N Locust 5t, PO Box 160, Grand Island, NE 68802-0160 (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 Wall County, State of Nebraska: <br />Lot 20, Block 1, Koehler Place, City of Grand Island, Hall County, Nebraska <br />AND <br />The South Seventy Eight and Ninety Five Hundredths (578.95) Feet of Lot Eight (81, in Block Five 15), <br />Wiebe's Addition to the City of Grand Island, Hall County, Nebraska <br />The Property or its address is commonly known as 349 S. Plum Street and 604 W. John Street, Grand Island, <br />NE 6$801. The Proper#y tax identification number is 400054523, 400054523. <br />FUTURE ADVANCES. In addition to the Note, this Assignment secures all future advances made by Lender to Borrower whether or not the <br />advances are made pursuant to a commitment. Specifically, without limitation, this Assignment secures, in addition to the amounts <br />specified in the Note, all future amounts Lender in its discretion may loan to Borrower, together with all interest thereon. <br />THIS ASSIGNMENT IS GIVEN TO SECURE 11) PAYMENT OF THE INDEBTEDNESS AND 12) PERFORMANCE OF ANY AND ALL <br />OBLIGATIONS OF BORROWER AND GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS. THIS <br />ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br />GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other <br />law which may prevent Lender from bringing any action against Grantor, including a claim fnr deficiency to the extent Lender is otherwise <br />entitled to a claim for deficiency, before ar after Lender's commencement or completion of any foreclosure action, either judicially or by <br />exercise of a power of sale. <br />BORROWER'S WAIVERS AND RESPONSIBILITIES. Lender need not tell Borrower about any action or inaction Lender takes in connection <br />with this Assignment. Borrower assumes the responsibility far being and keeping infprmed about the Property. Borrower waives any <br />defenses that may arise because of any action or inaction of Lender, including without limitation any failure of Lender to realize upon the <br />Property, or any delay by Lender in realizing upon the Property. Borrower agrees to remain liable under the Note with Lender no matter <br />what action Lender takes or fails to take under this Assignment. <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 #o collect the Rents as provided below and sn long as there is nn 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 />Na Further Transfer. Grantor will not sell, assign, encumber, pr 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, cellect and receive from the tenants or from <br />any other parsons 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 />thereof and of all services of all employees, including their equipment, and of all continuing costs and expenses of maintaining the <br />Property in proper repair and condition, and also to pay all taxes, assessments and water utilities, and the premiums on fire and other <br />insurance effected by Lender on the Property. <br />Compliance with Laws. Lender may do any and all things to execute and comply with the laws of the State of Nebraska and also all <br />other laws, rules, orders, ordinances and requirements of all other governmental agencies affecting the Property. <br />Lease the Property. Lender may rent or lease the whole or any part of the Property fnr such term or terms and on such conditions as <br /> <br />