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~~ <br /> r..,. <br />.~~ <br />~~ <br />:a ;;, <br /> <br />~ <br />fV <br />~ :, <br />Irn n ~ <br />_ r..~ <br />~~ <br />rn <br />~ <br />~ ~~ ~'"? <br />~ ~ ~ ~ ~ <br />17"1 ~ <br />cRW^r n cn <br />o ~ <br />~ <br />~ ~~r r ~ <br /> ~ ~ <br /> ~ <br /> <br /> ~ ~ "T3 .....,, (~ <br /> C~ <br /> r"r1 ~ ~ CJJ C] Cp] <br />tip <br />~ m ~ r.... ~ -1 <br />~"~'~ ° <br />. ;i ~ r z~ w ~ <br /> ~ <br />~ ~ ~ c~ <br /> ~ <br /> fV ~--~ ~.~ -~ 2 <br /> <br /> Cn Z <br />0 <br />WHEN RECORDED MAIL TO: <br />Equitable Bank <br />North Locust Branch <br />113-915 N Locust St <br />PO Box 160 <br />rand Island NE 6$802-0160 F R RECORDER' USE ONLY <br />ASSIGNMENT OF RENTS <br />THIS ASSIGNMENT OF RENTS dated November 23, 2009, is made and executed between Ralph Mead and ~'~, <br />Gladys Mead, whose address is 2222 N. Wheeler Avenue, Grand Island, NE 68801 (referred to below as <br />"Grantor") and Equitable Bank, whose address is 113-115 N Locust St, PO Box 160, Grand Island, NE <br />68802-p160 (referred to below as "Lender"-. <br />ASSIGNMENT. Far 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 16 and the East 49' of Lot 15 in Block 3 of Cunningham Subdivision, an Addition to the City of Grand <br />Island, Hall County, Nebraska and that part of vacated alley as shown in Ordinance No. 8371 recorded as <br />Document No. 98-103011 <br />The Property or its address is commonly known as 1416-1418 N Kruse Avenue, Grand Island, NE 68801. <br />The Property tax identification number is 400040069. <br />FUTURE ADVANGES. In addition to the Note, this Assignment secures all future advances made by Lender to Grantor 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 Grantor, together with all interest thereon. <br />THIS ASSIGNMENT IS GIVEN TO SEGURE 11) 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 PERFORMANGE. 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, Inane, 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 nc default shall have <br />occurred under this Assignment, to collect and receive the Rents. Far this purppse, 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 Harry 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 Prpperty 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 an 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 for such term or terms and on such conditions as <br />Lender may deem appropriate. <br />Employ Agents. Lender may engage such agent or agents as Lender may deem appropriate, either in Lender's name or in Grantor's <br />name, to rent and manage the Property, including the collection and application of Rents. <br />Other Acts. Lender may do all such other things and acts with respect to the Property as Lender may deem appropriate and may act <br />exclusively and solely in the place and stead of Grantor and to have all of the powers of Grantor for the purposes stated above. <br />No Requirement to Act. Lender shall not be required to do any of the foregoing acts or things, and the fact that Lender shall have <br />performed one or more of the foregoing acts or things shall not require Lender to do any other specific act or thing. <br />APPLIGATION OF RENTS. All casts and expenses incurred by Lender in connection with the Property shall be for Grantor's account and <br />Lender may pay such costs and expenses from the Rents. Lender, in its sale discretion, shall determine the application of any and all Rents <br />p <br />:.y '., lq 1i;.34,x, '~ (~ <br />