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Home My WebLink About20080441S.A.S E. NUM PGS~.- •I~C TAX CK# F[ES.~Lr-~.. PD~ CK#JS2~9cQei~7 CHG ACCI'# NO I~I~IIIV~IIUWII~II~~~ RET FEES: _. CASH ~ R.0.0. CK#._. . Co~P REC'DM ' 2 '~-- SEAL RETURN -" ~ ~.,, NUM ~'~,~,l~~a I ~w6 ~;nt cw~.l. M N S~)/7-yd~ RD. COMP x G~ ~ /l.~ 7 COMPARE ~~~ CADAS - AO ~ ADAMS COUNTY, NE INST. N0. F~L D '~ ~ 41 Dates~__.'~ '.~ Time,.LQ.~ ~g~ ~' REGISTER OF DEEDS SATISFACTION OF ASSIGNMENT OF LEASES AND RENTS The undersigned, as Trustee under that certain Assignment of Leases and Rents ("Assignment") executed by Hastings Economic Development Corporation, a Nebraska non-profit corporation, as Trustor, for the benefit of WELLS FARGO BANK, NATIONAL ASSOCIATION, successor in interest to Wells Fargo Bank Nebraska, as the result of an acquisition and name change as Beneficiary, dated as of June 28, 2001 and recorded on July 13, 2001, as Instrument No. 20013351, 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 of Leases and Rents and incorporated herein by this reference. This Reconveyance is executed at the request of the Beneficiary under said Assignment of Leases and Rents. Property: Lot 2, Centennial Subdivision, a replat of Lots 4 & 5, Block 3, Hastings Industrial Park West Subdivision in the City of Hastings, Adams County, Nebraska IN WITNESS WHEREOF, said Trustee has caused this Reconveyance to be executed as of January 15, 2008 WELLS FA BANK, NATION L OCI ION. Trustee By: Sara ette Banking Officer STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN ) Rec rdinq Requested by & When Recorded Return To: US Recordings, Inc. 2925 Country Drive StA 201 St. Paul, MN 55117 The foregoing instrument was acknowledged before me, a Notary Public, on this 15th day of January 2008, by Sarah Ouellette, Banking Officer of Wells Fargo Bank, National Association, Trustee. Prepared by: ~ ~ ~,,, ~, e ~,~ Name Holly Avery HOLLY AVERY ~EIST~R Wells Fargo Bank, National Asso .; Nntary !'ubiic Y Address 730 2~d Ave S. ~~ Minf+ASQC~ State MN M Comrtiission ~~ras.Jar+~31, 2020 Phone 612-492-9259 Athena 1621127347 Obligor 3372118102-99 C-507_NE.DOC (Rev. 08102) 0~ ark Public missioner Expires: ~-3r/.~! O (Page 21 of 50) FILE}=,9F"' !~•~ .5~, R TURN TO FEF~~ •Pql . ~15~f~ . NIIM,_., _/ ., R0, COMP `~ COMPARE CAOAS _~„ AO ~' -___ ADAMS<CDUNTY. NE, FILED I"~7. N0.2001 t~s3 ~J~ O1 JJl 13 PIS 2 1 Q .~ fir,, REGISTER OF DEFp~ Assignment of Leases and Rents (Nebraska} Thl's ASSignmerrf is made this June 28 2001 Has in Eco omit Develo ment Co oration /the "Assignor^/, a(n) Nebraska non- rofit co or tion • between Wells Faro Bank Nebraska N.A. Ifhe "Assi nee", and 8 J a national banking association. ~] The Assignor has executed and delivored fo the Assignee its promissory note dated June 28 2001 principal amount 015 1 920 000.00 and any extensions, renews/s or modi7icaribns rhereol (the "Nora "/. 'n the original The Assignor has executed and delivered to the Assignee its guaranty dated the benelit o/ in favor of the Assignee for trhe "Boma war"1 in the amount o/ S To secure payment of the obligation described above (the "Obli ationtl any replacements or subs(/tutloos thereat /the "Guaranty"f. Yeed a/trust ("Deed of Trust "J dated June 2 g h rho Assignor has executed and delivered to the Assignee a 'he real estate described in the attached Ezh- i6L~ q and h 1 • covering certain property (7rusf pro art ocatad thereon. t a buildings, improvements, fixtures and personal property qow ornhnthe future mgs, The Assignee has required the execution of this Assignment as a condition to making or accepting the Obligation. ACCORDINGLY, in consideration o/ the premises and other good and valuable consideration, the Assignor does hereb nd assign to the Assignee ell o! the Assignor's right, title and interest in and to lit any and al/ present or future leases or tenancies, whether rrirren or oral, covering or alJecting any or al! o/ the 7rusf Property, together with any end all extensions, modifications end renewals fheeeo/ tech, a "Lease" and collet rivet y, the "Leases "J, end (iil all rents, prolits and other income or payments of an y kind due or pa ysb/e or to eeurne due or payab/e ro the Assignor as the resu/i of any use, possession or occupant y of a!I or an y portion o/ Me Trust Proper( y or es the rsu/t of the use o/ or lease o/any persona/ proporfy constituting a part of the Trust PiepertY, whether accruing be7ore o/alter forec/osure of ie Deed of Trust or during the period o/ redemption thereof /"Rents "1, al/ for the purpose of securin ridenced b y the Obligation and all other sums secured by the Deed of Trust; and lbl per/ormance and discharge o/ each and every r/igahon, covenant and agreement of The Assignor corrtainad herein and in the Deed o/ Trust. g /a1 payment o/all indebtedness The Assignor warrants end covenants that Assignor is and will remain the absolute owner of the Ren fs and Leases free end clear of all ns and encumbrances other than the lien granted herein, that Assignor has not previous/ y assigned or otherwise encumbered the ~signor's interest in any of the Rents or Leases to any other person; that Assignor has the right under app//cable law, under The Ceases and herwi'se ro execute and deliver rhi's Assignment and to keep and perlorm all obligations hereunder, and that Assignor wit/ warrant and lend the Leases and Rents against e/1 adverse claims, w/tether now existing or /star arising. e Assignor further covenants and agrees es to/lows: PERFORMANCE OF LEASES. The Assignor wi/l /aifhlufl y abide b , agreement which it now is or herealter becomes /iab/e ro observe or erform under an Y perlorm and discharge each end every ob//garion, covenant and sole cost and expense, wi// errlorce or secure the perrormence of each and every obligation, under each and ever will observe and tom / V Present or future Lease, and, at the Assignor's orompr written notice to the Assignee of an Y Cease. The Assignor p y With ad provisions of law app/icab/e ro The operation end ownership of the Trust Property. The Assignor will give tenant thereunder, and will also at Assignor's sole cast and expense, a Y notice o/ defau/t on the parr of the Assignor with respect rd the Lease received from the ppear in and defend any action or proceeding arising under, growing out of or in any manner connected with any Lease or the obligations, duties or liabilities of the Assignor or any tenant !hereunder. 'ant /or such proper( y. The Assignor will not lease or otherwise permit the use of a!/ or en y portion of the Tiust Property for rent that is be/ow the /air market oOLmore than o eRmonihlin advan eC SecurNy depositsrshall nor/bet deemed Rents for purposes of this paragraph. P an y Rents /or the use or occupancy of the Trust Property 'ROTECT/NG THE SECbR/TY OF THIS ASSIGNMENT. Shou/d the Assignor /ail to perlorm or observe arty covenant or agreement on rained in this Assignment, then the Assignee may (bur shall have no obligation toJ make or do the same in such manner and fo such xtenf as the Assignee may deem appropriate !o protect the security hereob The rights o/the Assignee hereunder shall include but not e limited fo LiJ the right fo appear in and defend an y action or proceedin r the Assignee, iiiJ the right ro perform acrd discharge each and ever ~e Lease, and /iii) the right, in exorcising anV of the other rights granted hereunder, to na Y obligetio2tcovenameend agreemeenf of the Assr'gno~contained inns wnse/ and pa y reasonab/e aROrnoys' fees. The Assignor shat/ pay on demand e/i sums expended by r/re Assignee pursuant to this rragraph, together with interest-thereon af. the taro stared b y necessary costs and a..penses, employ ~iaranry, and tho same shat! be added to the Obligaron secured hereby and b y the Deed o/ Trust. y the Note or the rate stated in the most recent obligation covered by the fESENT A_._`SSIGNMENT This Ass/gnment shat! cansritvte a perfected, absolute and present assignment; provided that The Assignor shat/ ve the right to collect all of (he Rents /subject to the Section entitled "Col/action o/ Rents in Advance" me until an Event of Delaulr occurs under the Deed of Trust or the Assignor breaches any warranty or covenant contained in this signmenf. An Rents accruin land fo retain, use and enjoy the y 9 Prior to an Event of De{au/t under the Deed of Trust but paid theraelter she// be paid to the Assignee. 'RV/VAC Of OBLIGAT/ON This Assignment is given es security in addition to the Deed o! Trust. All of the Assignor's obligations under Deed aJ Trust and this Assignment she/l survive forec%sure of the Deed o/ Trust. The Assignor shat/ observe end camp/y with a// ms end conditions conteined in the Deod o! Trust arrd in this Assignment and shat/prat/ude any Event of Defau/t from Deed of Trust during the period of redemption fol%wing foreclosure of the Deed of Trust. occurring under ~Qn~Q~4~. .L a of .~ (Page 2 of 50) ~ ' / HEDC (Attn: Dee) 2008Q44~. COMMITMENT SCHEDULE A I. Effective Date; February 26, 2001, at 9:00 a:m. Updated Case No. CM-000351 2. Policy or Policies to be issued: A. ALTA Owner's Policy Amount; $1 , 92 0 , 0 0 0 . 0 0 Proposed Insured: HASTINGS ECONOMIC DEVELOPMENT CORPORATION OF HASTINGS, NEBRASKA B. ALTA Loan Policy Amount: $1, 9 2 0, 0 0 0. 0 0 Proposed Insured: WELLS FARGO BANK NEBRASKA, N.A., and/or its successors and assigns as their interest may appear C. Amount $ 3. The estate or interest in the land described or refereed to in [his Commitment and covered herein is a fee simple, and title thereto is at the effective date hereof vested in: Hastings Economic Development Corp. 4, The land referred to in the Commitment is described as follows: Lot Two (2), Centennial Subdivision, a Replat of Lots Four (4) and Five (5}, Block Three (3), Hastings Industrial Park West Subdivision in the City of Hastings, Adams County, Nebraska, according to the recorded plat thereof III~III~IIIIIIII~IIIIIVIIIVIIIVIII VIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIIIIIIIII U43455997-85NW93 SR7ISFRCTION/RSG US Recordi~igs A}~