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Home My WebLink About20080289~auM Pcs ~ . DOC TAX CK#_ FEES~PD /~S..fo CK#..CQY1.8.t'GG CHG ACCT#______ RET REES: OASN _..R.O.D. CK# RETURN S Co G+~'n .1 .~c qq,,, ./ride ~r(~ ~4inf ~2u1/~ ~Sp7- ;~~~f~ id~~~~~~u~ui~~~i~~~ui~i~io NUM 9-s id RD. COMP X ~/ ~a=d~ COMPARE .~i CADAS ~ AO ~ RELEASE OF ASSIGNMENT OF RENTS ADAMS COUNTY, NE FILE INST. N0. 2 $ 9 Date ~-ay-da Time.L(-~ YA ~~ REGISTER OF DEEDS The undersigned, as Trustee under that certain Assignment of rents executed by Loyal E: Smith and Mary A. Smith, husband and wife as Trustor, for the benefit of WELLS FARGO BANK, NATIONAL ASSOCIATION, successor to Wells Fargo Bank Nebraska, N.A. due to a name change and merger as Beneficiary, dated as of August 28, 2002 and recorded on September 24, 2002, Instrument number 20025076 in ,the Office of the Register of Deeds of Adams County, Nebraska, does hereby quitclaim and reconvey unto the person or persons legally entitled thereto, without any warranty, all of the right, title and interest now held by said Trustee in and to the real property described in said Assignment. This Release is executed at the request of the Beneficiary under said Assignment. Property: See Attached IN WITNESS WHEREOF, said Trustee has caused this Release to be executed as of January 14, 2008. WELL FARG FINANCIAL NATIONAL BANK, Trustee ~, Y~ By: arch Ouel Banking Officer STATE OF Minnesota) COUNTY OF Hennepin) )ss. ~3 ~..:a'9.S~' ~''_4,~ ,a~. ~~ i ,,tai i n r~i a ;~.,il1. ~ I~~~, . 1 f . The foregoing instrument was acknowledged before me, a Notary Public, on this 14th day of January 2008 by Sarah Ouellette, Banking Officer of Wells Fargo Bank, N.A., Trustee. i rC~J a ~ ~.~.- s Recording F3eabeeN~ By, A.~-A#~ewRee~d~Feg,~et~+~o: .G~ Holly Avery-Geister Notary P lic 730 2"d Avenue S. 10`r' flr _ Minneapolis, Minnesota 554 ~ ~ ''~ 612/~~{q~_-_c/~,S q HOLLY AVERY ~CERSTER y Commission Expires fVutery Putaii~ Athena 1242768265 Minnesota Obligor 8324038365-26 My Commission ['xpires Jan. 31, 2o1n ~~3 (Page 1 of 7) w , ' `' ~ ~ ~ ~~ -i_ - ~f~. r ,~QY/~.S a ' t~; r ,f/ Fr ~ 90z---/0~1~ #- .~y,~6 (cayQr s~r,f~) 2Q~8U289 g3a~~3s~~s ~u~'n- ~ <5=ia ~~. co~P ,~._,.~ ~ s- COt,PPAR~ CAMAS -" " AO ~ r.~r,t~,s coul-~T'r, tit. ''~2 SEP 2`1 Aft 11 31 ~~,~rt~v ~1 S~„hivn.~ u` U ~~,.• WWEN RECORDED MAIL TO: Minneapolis Loan Ops Center Attn: Collateral Processing -Rep III 730 2nd Ava. South Suite 1000 Minneapolis, MN 55479 FOR RECORDER'S USE ONLY ASSIGNME~OF RENTS THIS ASSIGNMENT OF RENTS dated August 28, 2002, is made and executed between Loyal E. Smith and Mary A. Smith, husband and wife, whose address is 2605 Cochise Drive, Independence, MO 64057 (referred to below as "Grantor") and Wells Fargo Bank Nebraska, National Association, whose address is 747 No. Burlington, Hastings, NE 68901 (referred to below as "Lender"). ASSIGNMENT. For valuable consideration, Grantor hereby assigns, grants a continuing security interest in, and conveys to Lender all of Grantor's right, title, and interest in and to the Rents from the following described Property located in Adams County, State of Nebraska: See Exhibit "A", which is attached to this Assignment and made a part of this Assignment as if fully set forth herein. / The Property or its address is commonly known es XXX (Vacant Land), NE. ~/ THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (21 PERFORMANCE OF ANY AND ALL OBLIGATIONS OF GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS. THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Assignment or any Related Documents, Grantor shall pay to Lender all amounts secured by this Assignment as they become due, and shall strictly perform. all of Grantor's obligations under this Assignment. 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, Grantor may remain in possession and control of and operate and manage the Property and collect the Rents, provided that the granting of the right to collect the Rents shall not constitute Lender's consent to the use of cash collateral in a bankruptcy proceeding. GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: Ownership. Grantor is entitled to receive the Rants free and clear of all rights, {oens, liens, encumbrances, and claims except as disclosod to and accepted by Lender in writiny. Right to Assign. Grantor has the full right, power and authority to enter into this Assiynment and to assign and convey the Rents to Lander. No Prlor Assignment, Grantor has not previously assigned or conveyed the Rents to any other person by any instrument now in force, No Further Transfer. Grantor will not sell, assign, encumber, or otherwise dispose of any of Grantor's rights in the Rents except as provided in Ihis. Assignment. LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS, lender shall have the right at any time, and even though no default shall have occurred under this Assignment, to collect and receive- the Rents. For this purpose, Lender is hereby given and granted the following rights, powers and authority: Notice to Tenants. Lender may send notices to any and aii tenants of the Pruperty advising them of this Assignment and directing ell Rants to ba paid directly to lender or Lender's agent, Enter the Property. Lender may enter upon and take possession of the Property; demand, collect and receive from the tenants or from any other persons liable therefor, all of the Rents; institute and carry on all legal proceedings necessary for the protection of the Property, including such proceedings as may be necessary to recover possession of the Property; collect the Rents and remove any tenant or tenants or other persons from the Property. Maintain the Property. Lender may enter upon the Property to maintain the Property and keep the same in repair; to pay the costs thereof and of all services of all employees, including their equipment, and of all continuing costs and expenses of maintaining the aof 3 (Page 7 of 7) EXHIBIT "A" .... .........._...... 2(}O~+Q2~9 200250'76 The Southeast Quarter of Section 9, Totmship 5 North, Range 10 West of the 6th P.M., Adams County, Nebraska, EXCEPT for a tract of land more particularly described as follows: Ieginning at the Southeast corner of said Quarter Section; thence Northerly a distance of 2637.83 feet along the L+'ast Iine of said Quarter Section; thence Westerly deflecting 89 degrees, d9 minutes left, a distance of 69.34 feet along the North line of said Quarter Section; thence southerly deflecting 89 degrees, 55 minutes left, a distance of 2637.58 feet; thence Easterly deflecting G9 degrees, 54 minutes left, a distance of 80,85 feet along the South tine of said Quarter Section to the Point of Beginning, and further excepting existing railroad right-of-way as shotivn in the Deed recorded December 2, 1878, in Book 5, Page 133. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII fIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIlIII1IIlIlll U43439584-03NW~3 REL ASSGT RENTS US Recor-din95 Aoge a 7111e Settware by Automated Aeal EsbU Services, lnc. 1•~00.]]0.Tm 02-245 ~'~ 3 ~-3