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2� 15�8�57
<br /> t�115 Deed of Trus�. Trustor agrees ta prat�c�, preserve and defend �ts interest in �he Mortgaged
<br /> Praperty and title thereto; to appear and defend this Deed of Trust in any action or proceeding
<br /> affect�ng or purporting to affec��he Martgaged Property,the lien of this Deed af Trust thereon, ar any
<br /> of the rights af e�ther Trustee or Beneficiary hereunder; and to pay all costs and expenses incurred by
<br /> either Trustee or Bene�ciary in ar in connectian with a.ny such ac�ion ar proc�eding, including but not
<br /> limited to Benefic�ary's legal fees and C�5t5; whether any such ac�ion or proceeding pragresses to
<br /> judgment and whether brought by or against Trus#ee or Beneficiary. Bene�ciary or Trustee, as the
<br /> case may be, shall be reimbursed for any such costs and expenses in accordance with the pro�is�ons
<br /> hereof. Trustee or Benef ciary may, but shall n�t be under any obligation to, appear or intervene in
<br /> any such action or pro��eding and retain counsel therein and defend the same or otherwise take such
<br /> action therein as either may, at its sole and absa�u�e discretion, deem ad�isable, and may settle or
<br /> compromise the same and, in that behalf and for any af such purposes,may expend and ad�ance such
<br /> sums of money as either may deem necessary, and Beneficiary ar Trustee, as the case may be, shall be
<br /> reimbursed therefar in ac�ordanc�with the pr��isions hereof.
<br /> Section�.8 -Assi ment of Leases and Rents.
<br /> A. Trustor hereby irrevocably, abso�utely, presently and unconditionally, grants,
<br /> transfers and assigns to Benef�iary and grants tfl Beneficiary a security interest
<br /> �pursuant to Section 52-1741 et seq.. of the Revised Statutes of the State of
<br /> Nebraska} in and t� all right, tit�e and interest af Trustor in and to all exist�ng and
<br /> future lease agreements, oc�upancy agreements and use agreements �co�lectively,
<br /> the "Leases"} relating to the Martgaged Property or any part thereof, a1� rents,
<br /> issues and prafits and security deposits thereunder, and all utility deposits rnade ta
<br /> procure or maintain utility services to the Premises. This assignmen�is an absolute
<br /> assignment, nat an assignment for security only. This assignment shall ex�end to
<br /> and co�er�i} any and all extensi�ns and renewals of existing and future Leases, �ii}
<br /> any and all present and future rights against guarantors of any such obligations and
<br /> to any and alI rents, re�enues, issues, income, receipts, profits, deposits and ather
<br /> amounts n.ow or hereafter b�coming due ta Trustar or collec�ed under the Leases
<br /> �whether due for the l�t�ing af space, for services, materials ar installations
<br /> supplied hy Trustor nr for any other reason whatsoever}, insurance proceeds,
<br /> condernnation awards,damages following defaults by ten.ants under the Leases �the
<br /> "Tenants"�, ca�h ar securities deposited by Tenants t� secure performance of their
<br /> obliga�ians under the Leases, and a�l �ther extraordinary receipts and all pr��eeds
<br /> thereof, both cash and non-cash �all of the foregoing, being r�ferred to as the
<br /> "Rents"� and a�l rights to direct the payment of, make claim for, collect, receive
<br /> and receipt for�he Rents, �iii} all claims,righ�s,pri�ileges and remedies on the part
<br /> of Trustor, whether arising under the Leases or by s�a�ute or at law or�n equity or
<br /> otherwise,arising out of or in connecti�n with any failure by any Tenant tfl pay the
<br /> Rents ar �� perform any of its other obligations under its L�ase, �iv} all rights,
<br /> povvers and pri�ileges of Trustor to exercise any election or option or to gi�e or
<br /> recei�e any no�ice,consent,waiver or approval under ar with respect to th�Leases,
<br /> and��} all�ther cla�ms,rights,powers,pri�ileges and rernedies af Trustor under or
<br /> with respect t� the Leas�s, including without limitat�an the right, power and
<br /> pri�ilege �but not the obligation� to do any and a11 acts, matters and other things
<br /> �hat Trustor is entitled to do thereunder or wi�h respect Chere�o. This assignment is
<br /> gi�en to secure payrnent and performance of the Note, this Deed of Trus�,the Laan
<br /> I]ocuments, and any other agreements at any time secured by this Deed af Trust,
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