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<br />$9- 101919
<br />F ASSIGNMENT OF LEASES AND RENTS
<br />THIS ASSIGNMENT, made this 14th day of April 102
<br />by Ditch- 111tch of Nebraska, Inc.
<br />residing at or having an office at 3536 South Locust, Grand Island, Nebraska 68801
<br />(her eaaled "Assignor''), to FirsTier Bank, National Association, Omaha
<br />having
<br />its principal of ace at Omaha, Nebraska (herein called "AsdgnW ),
<br />WlrNESSETH:
<br />FOR VALUE RECEIVED, Assignor herebygrante,tranafers and assignsto theAssignee alleftherighk title
<br />and inumt of Aasignor in and to any and all leases and othertenancies now or hereafter made on or with respect to the real
<br />ea4te located is Hall County, Nebraska and more particularly described
<br />inSclfedaleA hasof,.wbirhkrsl estate shall bereferredtohereinafter as "Premises ", including butnotlimitedtothateertain
<br />Lesasar those certain Lesses,; with modifications, ifemy, descdbedinSchedule Bhereof. coveringthePremfsn ;togetherwith, :
<br />(1). anj i nd all extensions or renewals thereof, (2) any anal all guarantees of the Lessee's obligations umd" any thereof gad
<br />under any and s& extensions or renewals of any thereof, ar 1(31 all rents, issues, profits, revenues, deposits, eame'st money
<br />payments, by rend benefits now or hereafter arising f se a4wh lea and tenancies or for the uscand cecapan y of the
<br />Prem:�s, sMOW' and all extensions and renewals tli+_reoi: Said leases and tenancies or other use ofth Pmmhkee6together
<br />wifh sa� and a!l kuarantees. modifications, extensiaaa;' dad renewals thereofshall besomedmahergbaf wrefertidto asthe
<br />"X& a or "Lessee!';
<br />FOR THE PURPOSE OF SECURING:
<br />ONE: PsymarA and performance of ew A and every debt, iiabi4ty and obligation of everytnm anti descriptica .
<br />plrWt Assignor may now cranytime hereafter owe teaAssignee, 64 2dittg,. &tit not limited to, th�p d den of Ass*
<br />secured by that cartain mortgage or deed of trust made by the Asu:gmcr cc, the Assignee dated 19_,
<br />and recorded erta be recorded at or prior to the recording of this As ggnment, or any other mortgage or deed of trust hereafter
<br />covering the wtwle or any part of the Premises, (whether such debt.J i ability , or obligation now exists oris hereaiterereated or
<br />incurncd amp€ whether it is or may he direct or indirect, due or to L *xme d;ua, absolute or contingent, wary or secondary.
<br />UgdA&&a .; cr =Uquidated, or joint, several, or joint and several, zU eicb debts. liabilities and obligat ors lbeing herein collec,
<br />tivaty, reFcred to sometimes as the "Obligations'; amd
<br />1WO.-Performance and discharge of each and every obligation, covenantand agreementofAsdganrcontained'
<br />ham or in arty such mortgage or deed of trust or any note or bond secured thereby. or in any obligation or any securing
<br />doom, mt given in oonmeetWn with any of the Obligations secured hereby:
<br />A. TO PROTECT THE SECURITY OF THIS ASSIGNMENT ASSIGNOR AGREES, WITH RESPECT
<br />IV EACH LEASE:
<br />1. To faithfully abide by, perform and dixcharge each and every abligation, covenant and agreement of the Lease
<br />by Lasser to be performed. to give prompt notice to the Assignee of any notice of default on the partuf llissignorwith respectte-
<br />the Lease received from Lessee or guarantor, together with an somrate and complete copy of any =6 notice; at the We cost
<br />and expense of Assignor, to enforceor secure the performance of each and every obligation,crivenant, condition and awgreerneat
<br />of the Lease by the Lessee to be performed, not to modify or in any way alter the terms of the Lease; nottoterminate the term of
<br />the &.ease and not to accept a surrender of the rents thereunder or to waive, excuse, condone or in any manner release or diw
<br />charge the Lessee thereunder from the obligations, convenants, conditions and agreements by the lassee to be performed,
<br />inducting the cl4ation 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 modiN or in any way alterthe terms or provisions ofthe Lease, or to terminate the term or swept 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 AtAmignor's sole cost and expense to appear in and defend any action or proceedingarising under, growingout
<br />der in any mannerconnected with the Lease orthe obligations, duties or liabilities of Lessor. Lesseeorguarantorthejeeunder,
<br />and to pay all cats 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 />g That should Assignor fail to make any payment or to do any act as herein provided, then the Asssignee, but
<br />without obligation so to do and without notice to or demand on Assignor, and without releasing Assignor from anyobligation
<br />hereof, may rnake ordothe same in such manner and tosuch 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 power to pay necessary coats and expenses, employ counsel and incur and pay reasonable attorney's fees.
<br />4. To pay immediately upon demand all sums expended by the Assignee under the authority hereof, together with
<br />L interest thereon at the highest rate set forth in any of the Obligations secured hereby, and the same shall be added to the ObIi-
<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 />unitss the hemsee assumes in writing and agrees to pay the debt secured horeby in accordance with theterms, convenanta and
<br />conditions of the said note or bond secured by said mortgage or deed of trust.
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