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89-- 100607
<br />ASSIGNMENT OF LEASES AND RENTS
<br />THIS ASSIGNMENT, made this L%t .__dsy of February 1919—
<br />by Teddy O. Rookstool, a Single Person
<br />residing at or having an office at 3002 South Blaine 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 />WITNESSIETH:
<br />FOR VALUE RECEIVED, Assignor hereby grants, transfers and assigns to the Assignee all of theright, title
<br />and interest of Assignor in and to any and all leases and other tenancies now or hereafter made on or with respect to the 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 not limited tothat certain
<br />Lesse or those certain Leases, with mck6fications, if any, described in Schedule B hereof, covering the Premisi* -. Ugether with,
<br />(1) any and all extensions or renewals thereof, (2) any and all guarantees of the Lessee's obligations under any thereof and
<br />under any and all extensions or renewals of any thereof, and (S) all rents, issues, profits, revenues, denoaits, earnest money
<br />payments, rights and benefits now or herea&r "ing &om such lease and tenancies or for the use and occupancy of 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 />"Lease" or •'Leases'•;
<br />FOR THE PURPOSE OF SECURING:
<br />ONE: Payment and performance of each and every debt, liability and obligation of every type and description
<br />which Assignor may now or anytime hereafter owe to Assignee, including, but not limited to, the indebtedn of Ass' or
<br />secured by that certain mortgage or deed of trust made by the Assignor to the Assignee dated February „ I mm
<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
<br />covering the whole or any part of the Premises, (whether such debt, liability, or obligation nnw wrwta or aft hams tar rmmPA rwr
<br />incurred and whether it is or may be direct or indirect, due or to become due, absolute or contingent, primary or secondary,
<br />liquidated or unliquidated, orioint, several, or joint and several, all such debts, liabilities and obligations being herein collet =
<br />tively 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 EACIR LEASE:
<br />1. To faithfully abide by. j*rform and discharge egad-b and every obligaticnn covenant and agreement of the Lease
<br />by Lessor to be performed, to give prompt notice to the Assign<ae of any notice of defar,:lton the part of AsaigaotiF 4vith respect to
<br />the Lease received from Lessee or guarantor, together with an accurate and complete copy of any such notice; 'at the sole cost
<br />and expense of Assignor, to enforce or secure the performance of each and every obligation, covenam% condition and agreement
<br />of the Lease by the Lessee to be performed; not tomodify or in anyway alter the terms ofthe Lesae;ubtto terminate the term of
<br />the Lease did 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, convenants, 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 orim any way alter the terms or provisions of the Leas-,or to terminate the term or accept a surrenderthere-
<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 fast 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 Assignaes 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 orthe obligations, duties or liabilities of Lessor, Lesaee or guarantor thereunder.
<br />and to pay all costs and expenses of the Assignee, including attorney's fees in a reasonable sum, in any such action or proceed-
<br />ing in which the Assignee may appear.
<br />3. That shauld Assignor fail to make any paymntt or to do ady act as herein provided, then the Asssignee. that
<br />without obligation so to do and without notice to or demand on Assignor, and without releasing Assignor from any obligacrpq,
<br />hereof, may make or do the same in such manner and to such extent as the �issignee may deem necessary to protect the securee#
<br />hereof, including specifically, without limiting its general pp mt ers, 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 &Lso the right but not the duty to perform
<br />urge 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, employ counsel and ncur and pay reasori4-le attorneys fees.
<br />4. To pay immediately upon demand all sums expended by thel igaee+ wider the authority hereof, together with
<br />interest thereon at the highest rate set forth in any of the Obligations secureditereby, 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 />5. That Assignor will not transfer or convey to the Lessee the fee title to the demised Premises, or any part thereof,
<br />unless the Lessee assumes in writing and agrees to pay the debt secured hereby in accordance with the terns, convenants and
<br />conditions of the said note or bond secured by said mortgage or deed of trust. �
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