In connection with mortgage.

Know by this agreement, that _________ of the _________ of _________, County of _________, and State of _________, in order to secure an indebtedness of $_____, executed a mortgage of even date, mortgaging to _________ the following described real estate: _________, and _________ is the holder of the mortgage and the note secured by the mortgage.

In order to further secure the indebtedness, and as a part of the consideration of the transaction, the undersigned _________ assign _________, to _________, referred to as _________, and/or its successors and assigns, all the rents now due or which may become due under or by virtue of any lease, either oral or written, or any letting of, or any agreement for the use or occupancy of any part of the premises described, which may have been or may be made or agreed to, or which may be made or agreed to by _________ under the power granted in this document, it being the intention of this document to establish an absolute transfer and assignment of all leases and agreements to _________ and especially those leases and agreements now existing on the property described.

The undersigned irrevocably appoint _________ the agent of the undersigned for the management of the property, and authorize _________ to let and relet the premises or any part of the premises, according to its own discretion, and to bring or defend any suits in connection with the premises in its own name or in the names of the undersigned, as it may consider expedient, and to make repairs to the premises as it may deem proper or advisable, and to do anything in and about the premises that the undersigned might do, ratifying and confirming anything and everything that _________ may do.

It is understood and agreed that _________ shall have the power to use and apply the avails, issues and profits toward the payment of any present or future indebtedness or liability of the undersigned to _________, due or to become due, or that may be contracted in the future, and also toward the payment of all expenses for the care and management of the premises, including taxes, insurance, assessments, usual and customary commissions to a real estate broker for leasing the premises and collecting rents and the expense for attorneys, agents and servants as may reasonably be necessary.

It is understood and agreed that _________ will not exercise its rights under this assignment until after default in any payment secured by the mortgage or after a breach of any of its covenants.

It is further understood and agreed, that in the event of the exercise of this assignment, the undersigned will pay rent for the premises occupied by the undersigned at the prevailing rate per month for each room, and a failure on the part of the undersigned to promptly pay rent on the first day of each and every month shall, in and of itself, constitute a forcible entry and detainer and _________ may in its own name and without any notice or demand, maintain an action of forcible entry and detainer and obtain possession of the premises. This assignment and power of attorney shall be binding on and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties to this agreement and shall be construed as a covenant running with the land, and shall continue in full force and effect until all of the indebtedness or liability of the undersigned to _________ shall have been fully paid, at which time this assignment and power of attorney shall terminate.

The failure of _________ to exercise any right which it might exercise under this agreement shall not be deemed a waiver by _________ of its right of exercise.

The undersigned set their hands and seals _________[date].

_________(Seal)

_________(Seal)

_________(Seal)

State of _________  
ss
County of _________  

 

I, _________, a notary public in and for the county, in the state stated above, do certify that _________ personally known to me to be the same person— whose name— _________ subscribed to the above instrument, appeared before me this day in person, and acknowledged that _________ signed, sealed and delivered the instrument as _________ free and voluntary act, for the uses and purposes set forth.

Given under my hand and notarial seal, _________[date].

_________[Notary Public]

In testimony of this agreement, the undersigned _________ has caused these presents to be signed by its _________ president and its corporate seal to be affixed and attested by its _________ secretary _________[date].

[Name of corporation]

Attest: _________[Secretary]

By _________

State of _________  
ss
County of _________  

 

I, _________, a notary public in and for the county, in the state stated above, do certify that _________, president of _________ and _________, secretary of the corporation, who are personally known to me to be the same persons whose names are subscribed to the above instrument as _________ president, and _________ secretary, respectively, appeared before me this day in person and acknowledged that they signed and delivered the instrument as their own free and voluntary act and as the free and voluntary act of the corporation, for the uses and purposes set forth; and the _________, secretary, then and there acknowledged that _________, as custodian of the corporate seal of the corporation, did affix the corporate seal of the corporation to the instrument as _________ own free and voluntary act and as the free and voluntary act of the corporation, for the uses and purposes set forth.

Given under my hand and notarial seal, _________[date].

_________[Notary Public]



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