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<br />89" 100365
<br />ASSIGNMENT OF LEASES AND RENTS
<br />THIS ASSIGNMENT, made this 23rd Aay of January 19 e9
<br />by Roy G. Bauer
<br />residing at or having an office at 955 South Kimball Grand Island, NE 68801
<br />(herein called "Assignor"). to FirsTier Bank, National Association, Omaha, NE having
<br />its principal office at Omaha, Nebraska (herein called "Assignee "),
<br />WITNESSETH:
<br />FOR VALUE RECEIVED, Assignor hereby grants. transfers and ensigns to the Assignee all of the right, title
<br />and interest of Assignor in and to any and ali leases and other tenancies now or hereafter made on or with respect to tine real
<br />estate located in Hall County, Nebraska —and more particularly described
<br />in Schedule A hereof, which real estate shall be referred to hereinafter as "Premises "; including, but notlimitAdto that certain
<br />Lease or those certain Messes, with modifications. if any, described in Schedule B hereof, covering the Premises: together with,
<br />(1) any and all extensions or renewals thereof, (2) any and all guarantees of the Les4ce'sobligations under any thereof and
<br />under any and all extensions or renewals of any thereof; and (3) all rents, issues,, pmr aLm, Avenues, deposits, earnest money
<br />payments, rights and benefits now or hereafter arising from such lease and tenancies or for the use and occupancyuf: °the
<br />Premises, and any and all extensions and renewals thereof. Said leases and tenancies or other use of the Premises together
<br />with any and all guarantees, modifications. extensions, and renewals thereof shall be sometimes hereinafter referred to as the
<br />.,tea., or ,.mss,,,
<br />FOR THE PURPOSE OF SECURING: "F
<br />ONE: Payment s'ud: performance of each.and every debt, liability and obligation of every type and description k F
<br />which Assignor may now or anytime hereafter owe to Amignee, including, but not limited to, the indebtedness of Assignor
<br />secured by that certain mortgage or deed of, trust made by the Assignor to the Assignee dated 19.–
<br />and recorded or to be recorded at or prior to the recording of this Assignment, or any other mortgage or deed of trust hereafter
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<br />covering the whole ar arty part of iim piumimW, (wke— wiser rates sou,., liabilit r, or abligstiaa now
<br />incurred and whether it is or math. be direct or indirect, due or to become due, absolute or contingent, primary or secondary,
<br />liquidated or unliquidated. or joint, several. or joint and several, all such debts, liabilities and obligations being herein collet -
<br />lively referred to sometimes as the "Obligations % and
<br />TWO: Performance and discharge of each and every obligation, covenant and agreement of Assignor contained
<br />herein or in any such mortgage or deed of trust or any note or bond secured thereby, or in any obligation or any securing
<br />document given in connection with any of the Obligations secured hereby.
<br />A. TO PROTECT THE SECURITY OF THIS ASSIGNMENT ASSIGNOR AGREES, WITH RESPECT
<br />TO EACH LEASES
<br />1. To faithfully abide by, perforniand discharge each and.ever '.6btigadon, covenant and agreement of the Lease
<br />by Lessor to be performed, to give prompt notice to the Assignee of any motiee of default on the part of Assignor with respectta
<br />the Lease received. ftnta Lessee or guarantor, together with an accurate and complete copy of any such notice, at the sole cost
<br />and expense of Assigmar, to enforce or secure the performance of each and every obligation, covenant, condition and agreement
<br />of the Lease by the Lessee to be performed; not to modify or in any way alter the terms of the Lease; motto terminate the term of
<br />the Leon and not to accept a surrender of the rents thereunder or to waive, excuse, condone or in any manner release or dis-
<br />charge'' the Lessee thereunder from the obligations, eonvenants, conditions and agreements by the Lessee to be performed,
<br />including the obligation to pay the rental called for thereunder in the manner and at the place and time specified therein, and
<br />Assignor does by these presents expressly release, relinquish and surrender unto the Assignee all Assignor's right, power and
<br />authority to modify or in any way alter the terms orprovisions of the Lease, or to terminate thett•rm or accept a surrender there-
<br />of, and'any attempt on the part of the Assignor to excercise any such right without the written authority and consent of the
<br />Assignee thereto being first had and obtained shall constitute a Default of the terms hereof, as defined hereinafter, entitling
<br />the Assignee to declare all sums secured hereby immediately due and payable.
<br />2. At Assignor's sole cost and expense to appear in and defend any action or proceeding arising under, growing out
<br />of or in any manner connected with the Lease or the obligations, duties or liabilities of Lessor, Lessee or guarantor thereunder,
<br />and to pay all costs and expenses of the Assignee, including attorney'a fees in a reasonable sum, in any such acdan or proceed-
<br />ing in which the Assignee may appear.
<br />3. That should Assignor fail to make any pa yta t or to do any act as herein provided, then the Assignee, but
<br />without abligation so to do and without notice to or demon Assignor, and without releasing Assignor from any obligation
<br />hereof, may make or do the same in such manner and to an extent as the Assignee may deem necessary to protect the security , -- -
<br />hereof, including specifically, without limiting its general powers, the right to appear in and defend any action or proceeding
<br />purporting to affect the security hereof or the rights or powers of the Assignee, and also the right but not the duty to perform
<br />and discharge each and every obligation, covenant and agreement of Lessor in the Lease contained; and in exercising any
<br />such powers to pay necessary costs and expenses, emplaunsel and incur and ,,ay reasonable attorney's fees.
<br />4. To pay immediately upon demand all sums expended by the Assignee under the authority hereof, together with
<br />interest thereon at the highest rate set forth in any of the Obligations secured hereby, and the same shall be added to the Obli-
<br />gations and shall be secured hereby and by the said mortgage or deed of trust.`
<br />v Lessee the fee title to the demised Premises, or any art thereof.,
<br />fi. That Assignor will not transferor convey to the P
<br />unless the lessee assumes in writing and agrees to pay the debt secured hereby:n accordance with the terms, convenants and
<br />conditions of the said note or bond secured by said mortgage or deed of trust. -
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