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<br />89--101660
<br />ASSIGNMENT OF LEASES AND RENTS
<br />StevsnTA �SsAtl.'N ahcniebe_ 31st - -- ; ao „f March • 19 85 ,,
<br />by with right of survivorship and not as tenants in common
<br />residing at or having an office at 702 41est 1st, Grand Island, NE 68801
<br />(herein called "Assignor"), to FirsTier Hank, National Association, Cmaha, NE
<br />its principal office at Omaha, Nebraska (herein called "Assignee"?, having
<br />WITNESSEM:
<br />FOR VALUE RECEIVED, Assignor hereby grants, transfers and asaigmto the Assignee all of the right,'twe
<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 lemud in Hall County, Nebraska:. sari as�re iulaAy descried
<br />i Sdtedalie; 4hereof ,'wlYch real estateshallbenrfia~c d es W "izTS.emises' includirgj, t% Y;iaii at�Cataer s
<br />dL�asae, 3hasecerte►ia IIssases, with modi5cafia1MKf.a4 rfa? ; a ?P 'i � coverizr 4e renrsefrr+; G
<br />(1) any a= _silt extensions or renewals thereof;: k4T arsucE, tg�„si =aa ; f:t.Le )ft�,eaeee's obligations under .thereof and
<br />under amp+ omd all extensions or m=wals of say t;zes�c+ � i ze,' i e, • td, revenues, depogdW. ,ammest money
<br />payments, ir4hts and benefits how or hereaf%r arising lb.- ca �!a'F sn& terra i2w or for the use and w=tpancy of the
<br />Premises; and any and a'3 extensiz a and renewals tlZerec�.'r�ci leases sad tena-tiies orother use of theFr+ es together
<br />with any and all guarantees ,medifzvtions,eacWtkone,am ueevaia a fshallbesometimeabereinaf %sreeAedt�ae$tise
<br />Lease ca Leases ,
<br />FOR THE PURP(* E OF BECt7Rn TG:
<br />ONE: Payment and performanvsof each and every debt, liability and obligation ofevery type and description
<br />which Asergnor may now or anytime hereafter owe to Aastgnee, including, but not limited to, the indebhted ess of Assignor
<br />secured by that certain mortgage or deed of trust made by the Assignor to the Assignee dated Marc 3� 19
<br />and recorded or to be recorded at or prior to the recording of this Assignment, or any other mortgage or deed of trust hereafter
<br />covering the whole or any pert of the Premises, (whether such debt, liability, or obligation now exists or is hereafter created or
<br />incurred and whether it is or may be direct or indirect, due or to become due, absolute or contingent, primary or secondary,
<br />liquidated or =liquidated, or joint, several, orjoint and several, all such debts, liabilities and obligations being herein collec-
<br />tively referred to sometimes as the "Obligations" P, and
<br />TWO: Performance and dischargaof each and every obligation, covenant. and agreement ofAssignor contained
<br />herein or in any such mortgage or deed of trust or any note or bond secured thereby, or in any obligation or any securing
<br />document given in connection with any of the obligations secured hmnby.
<br />A. TO PROTECT THE SECURITY OF `TRTO ASSIGNMENT ASSIGNOR AGREE$, WITH RESPECT
<br />TO EACH LEAS$:
<br />I. To faithfully abide by-; perform and discharge each and every obligation, covenant and agreement of the Lease
<br />by Lessor to be performed, to give prompt notice to the Assignee of any notice of default on the part of Assignor with respect to
<br />the Lease rseceived from Lessee or igirarantor, together with an accurate and complete copy of any such notice; at the sole cost
<br />and expea seofAssignor, toonformarsecuretheper formanceofeach and every oblijadon, covenant, condition and agrsemttt
<br />of the Lease by the Lessee to be performed; not to modify or in anyway alter the tests of the Lease; not to terminate the term 01
<br />the Lease and not to accepts surrender of the rents thereunder or to waive. excuse, condone or in any manner release ;Qra'_s.
<br />charge the Lessee thereunder from the obligations, convenants, conditions and agreements by the Lessee to be pezfcsmed,
<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 dares by these presents expressly release, relinquWs and surrender unto the Assignee all Assignor's right, power and
<br />authority tomodify Orin any way alter the terms orprovisionsofthe Lease, orto terminate the term oracceptasurrenderthere•
<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 cCrhe terms hereof, as defined hereinafter, entitling
<br />the Assignee to declare all sums secured hereby immediately due and payable.
<br />`a: >: ;.
<br />2. At Assignor's sole cost and expense to appear in anddefend any action or proceedimg arising under, growing out
<br />of or in any manna connected with the Lease or the obligations, duties or lidbilitiee of Lessor, Levee orguarantorthereunder,
<br />rind to pay all +:c:sis and expenses of the Assignee, including attorney's fees in a reasonable sum, imany such action or pro*ee&
<br />ing in which tho Assignee may appear.
<br />3. '1 out should Assignor fail to make any pay=cmt or to do any act &* herein provided, then the Assignee, but
<br />without obligation ao to do and without noticeto ordemand va Assignor, a=d wi:e'ntwreleasingAssignorfrom any obligat .n
<br />hereof, may maboordothesamein such mannerand to such extent as the ie w!
<br />hereof. including ���aydeemnecessarytoProtectthesec�L ;�
<br />tg specifically, without limiting its general powers, the rier,i,to appear in and defend any action or proceeding
<br />purporting to affkt the security hereif or the rights or powers of the Assignee, and also theright but not the duty to perform
<br />and discharge each. and every obligation, covenant and ac- ,ement of Lessor in the Lease contained; and in exercising any
<br />such powers to pay necessary costs and expenses. e:ng'a;;, evounsel and incur and pay reasonable attorney's fees.
<br />4. '11r pay immediately upon demand a s ;urn expanded by the Assignee under the authority hereof, together with
<br />interest thereot►.at the highest rate set forth in any of the Obligations secured hereby, and the same shall be added tothe Obli-
<br />gations anti shall be secured hereby and by the eat: M,, Ng:ge or deed of trust.
<br />vs
<br />& heat Assignor will not transfer or convey to the Lessee the fee titio to the demised Ptremises, or any part thereof.
<br />unless the, tieaw assumes in writing and agrees to pay the debt secured hereby in accordance with the terns, convenants and
<br />` +inditlortry crf'the said note or herd secured by said mortgage or deed of trust.
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