|
-
<br />.�--
<br />-�
<br />��
<br />�
<br />N �
<br />a _
<br />� s
<br />W —
<br />� r �•
<br />�
<br />-
<br />��
<br />���
<br />�
<br />.
<br />�.
<br />�
<br />�
<br />�
<br />�.
<br />�
<br />�
<br />� ' . „
<br />C
<br />�
<br />� �.
<br />��t�
<br />e"C �
<br />�.,
<br />_ � �� �
<br />f1f `—`
<br />� � � �` �
<br />r r. > �
<br />o r _
<br />'1 � � Q9
<br />m
<br />c�
<br />� � _+ .
<br />.� � �
<br />m �
<br />:�
<br />°� (`''' ►�
<br />o �..
<br />�a f:.._,
<br />� � �
<br />(Space Above This Line For Recording Data)
<br />ASSIGNMENT OF LEASES AND RENT5
<br />O
<br />�
<br />O
<br />�.-+
<br />HJ
<br />0
<br />w
<br />N
<br />�
<br />Q�
<br />i, ��
<br />THIS ASSIGNMENT OF LEA5ES AND RENTS ("Assignment") is made on April 19, 2011, between Janice
<br />M. Thayer, and Ernest J. Thayer, Wife and Husband, whose address is 2307 Stagecoach Rd, GRAND
<br />ISLAND, Nebraska 68801 ("Assignor") and Home Federal Savings & Loan Association of Grand Island whose
<br />address is 221 South Locust Street, Grand Island, Nebraska 68801 ("Assignee"), which is organized and elcisting
<br />under the laws of the United Sta.tes of America. Assignor, in consideration of loans extended by Assignee up to a
<br />maximum principal amount of One Million Sia Hundred Seventy Thousand and 00/100 Dollars ($1,670,000.00)
<br />and for other valuable consideration, the receipt of which is acknowledged, hereby grants, transfers, assigns and
<br />sets over to Assignee all right, title and interest in and to all rents, issues, profits and privileges (now due or which
<br />may hereafter become due) of the following described real property:
<br />Address: 404 Woodland Dr, GRAND ISLAND, Nebraska 68801
<br />Legal Description: See Attached Ezhibit A
<br />("Properiy") which secures the following:
<br />• Loan with a principal amount of $1,670,000.00
<br />Assignor further grants all leases now or hereafter existing on all or any part of the Properiy, whether written or
<br />oral, or any letting or any agreement for the use of occupancy of any part of the Property which may have been or
<br />which may hereafter be made or agreed to between Assignor and any other present, prior, or subsequent owner of
<br />the Properly, or any interest therein, or which may be made or agreed to by Assignee, its successors or assigns,
<br />under the powers herein granted, and any tenant or occupant of all or any part of the Property (collectively, the
<br />"Leases" and each, a "Lease").
<br />RELATED DOCUMENTS. The words "Related Documents" mean all promissory notes, security agreements,
<br />prior mortgages, prior deeds of t�vst, business loan agreements, construction loan agreements, resolutions,
<br />guaranties, environmental agreements, subordination agreements, assignments of leases and rents and any other
<br />documents or agreements executed in connection with this Assignment whether now or hereafter existing. The
<br />Related Documents are hereby made a part of this Assignment by reference thereto, with the same force and effect
<br />as if fully set forth herein.
<br />INDEBTEDNESS. This Assignment secures the principal amount shown above as may be evidenced by a
<br />promissory note or notes of even, prior or subsequent date hereto, including future advances and every other
<br />indebtedness of any and every kind now or hereafter owing from Borrower to Assignee, howsoever created or
<br />arising, whether primary, secondary or contingent, together with any interest or charges provided in or arising out
<br />of such indebtedness, as well as the agreements and covenants of this Assignment and all Related Documents
<br />(hereinafter all referred to as the "Indebtedness").
<br />AMENDMENT OR MODIFICATION OF LEASES. With respect to any Existing Leases or any Leases
<br />executed upon the Properly after the creation of this Assignment and so long as the Indebtedness remains unpaid,
<br />Assignor shall not, without the written consent of Assignee: (a) cancel any Leases; (b) accept the surrender of any
<br />L,eases; (c) modify or alter any Leases in any way, either orally or in writing; (d) reduce the rental set forth in any
<br />I;eases; (e) consent to the assignment of any lessee's interest under any Leases, or to any subletting thereunder; or
<br />( fl make any other assignment, pledge, encumbrance, or any other disposition of any Leases, or of the rentes,
<br />issues and profits derived from the use of the Property. Any of the above acts, if done without the written consent
<br />of Assignee, shall be null and void, and shall constitute a default under the Assignment and the Related
<br />Documents.
<br />REPRESENTATIONS OF ASSIGNOR Assignor hereby represents: (a) except for the Existing Leases, there
<br />are no leases, subleases or agreements to lease or sublease all of or any part of the Property; (b) the Existing
<br />Leases are valid and enforceable and no default exists under the Existing Leases; (c) Assignor is entitled to receive
<br />all the rents, issues and profits and to enjoy all the rents and benefits mentioned herein and assigned hereby; (d)
<br />said rents, issues and profits have not been sold, assigned, transferred or set over by any insUument now in force
<br />and shall not at any time during the life of this Assignment be sold, assigned, transferred or set over by Assignor,
<br />or any other person taking under or through Assignor except as pursuant to this Assignment; and (e) Assignor has
<br />the sole right to sell, assign transfer, and set over the same and to grant and confer upon Assignee the rights,
<br />interests, powers, and authorities herein granted and conferred.
<br />��
<br />o --�
<br />Cn
<br />Z -�
<br />--� m
<br />� O
<br />o - *i
<br />� L
<br />- s rn
<br />n m
<br />r �
<br />r �
<br />�
<br />R
<br />D
<br />�
<br />�
<br />� 2004-2010 Complience Systems, Inc. D56C-7169 - 2010.09.242
<br />Assignmeet of Leases end ReMs - DL4001 � Page 1 of 4 www.compliaacesystems.com
<br />
|