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NUM C~lI.S•Ti~,s AD ~fi~i~.715w6
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COMPARE / ~
CADAS __ _____ AO _-!____
ADAMS COUNTY, NE
Ffl D
INST. NO. ~+ o~o~Q9
Date / -.~)- a~ Time ' ~ fO O~1
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REGISTER OF DEEDS
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RECORDATION REQUESTED BY:
BMC CAPITAL, LP, a Texas limited partnership
3100 Monticello Ave., Suite 400
Dallas, Texas 75205
WHEN RECORDED, RETURN TO:
BMC CAPITAL, LP, a Texas limited partnership
3100 Monticello Ave., Suite 400
Dallas, Texas 75205
ASSIGNMENT OF DEED OF TRUST AND ASSIGNMENT OF RENTS
THAT BMC CAPITAL, LP, a Texas limited partnership (hereinafter called
"Assignor"), for and in consideration of the sum of Ten Dollars ($10.00) and other good
and valuable considerations to Assignor in hand paid by RED MORTGAGE CAPITAL,
INC., whose address is Two Miranova Place, 12th Floor, Columbus, OH 43215
(hereinafter called "Assignee"), the receipt and sufficiency of which is hereby
acknowledged, has GRANTED, TRANSFERRED and ASSIGNED, and by these
presents GRANT, TRANSFER and ASSIGN, unto said Assignee, the following:
1. Promissory Note dated effective January 29, 2008, in the original principal amount
of $367,000.00, executed by PRP-Holdings Hastings, L.L.C., a Nebraska limited
liability company ("Borrower", whether one or more), payable to the order of
Assignor in installments, with a final maturity of February 1, 2038 (30) years from
the date thereof (the "Note");
2. All rights, titles, interests, privileges, claims, demands and equities existing and
to exist in connection with or as security for the payment of the Note and the
indebtedness evidenced thereby, existing under the terms and provisions of the
Note, included without limitation the following:
(a) Deed of Trust dated effective January 29, 2008, executed by Borrower
to First American Title Company, Trustee, for the benefit of Assignor,
filed for record in ~r~~>-F-rurr,.,~~~, k- r(c~ ~.~ ~; ~; ~Cr ~j
in the official records of Adams County, Nebraska, covering all that
property described on Exhibit "A" attached hereto and made a part
hereof for all purposes (the "Property");
(b) Assignment of Rents dated effective January 29, 2008, executed by
Borrower to BMC Capital, LP, a Texas limited partnership, Lender,
filed for record in
~'»~'+" ~~,"~cr'~~- (~t`t ~~CtC%~~'~~{C~S in the official
records of Adams County, Nebraska, covering the Property.
~~"l SIBS ~(~~) /of ~
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TO HAVE AND TO HOLD the Note, together and along with all rights, titles,
interests, liens, security interests, privileges, claims, demands and equities now or
hereafter held by Assignor in connection therewith or as security therefore unto
Assignee, its successors and assigns forever. Assignor hereby covenants and warrants
that Assignor is the owner and holder of the Note and the indebtedness evidenced
thereby; that Assignor has not assigned, mortgaged or hypothecated the Note, the
indebtedness evidenced thereby or any of the liens or security interests in connection
therewith to any other party; that $367,000.00 principal amount is still owing and unpaid
on the Note; that the Note is not overdue and that Assignor has the full right and
authority to transfer and convey the Note, indebtedness, liens and securities, and to
execute this instrument.
IN TESTIMONY WHEREOF, Assignor has caused this instrument to be executed
by its duly authorized officers and its corporate seal to be affixed hereto, effective as of
the 29th day of January, 2008.
BMC CAPITAL, LP, a Texas limited partnership
Sandy Carver, EVP/Closing D'rector
2
oZ. 0 f ~'
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THE STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the 29th day of January, 2008, by Sandy
McCarver; EVP/Closing Director of BMC CAPITAL, LP, a Texas limited partnership;
for and on behalf of said limited partnership.
(SEAL)
Nota u c, State of Texas
~'~'r e SALLY NGUYEN
MY COMMISSION EXPIRES Notary Name me r yped:
'~ June 29, 2008
C~t~1Q, ~"~~10~'
My Commission Expires:
Rev 03/21/07
3
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EXHIBIT "A"
Lot (1 ), Hastings Apartments II Subdivision, a replat of Lots Seventeen (17) through Thirty-three
(33) inclusive, Block Five (5), M. J. Smith's Addition to the City of Hastings, Adams County,
Nebraska, according to the recorded plat thereof.
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