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�.t <br />-ASSIGNMENT Of LEASES AND RENTS <br />90,.,,,1048. 43 . <br />r <br />THIS ASSIGNMENT, made this 19xh day of August 19 9n . <br />`f <br />` by, Connie Kay Haasch, A s1nrjle 'w-oman .and _ttf. L aM R:- Baaseh _ & i fndn M- a angah, hliedaw A Ad <br />residing at Or hevirtg an OfF+ce at 907 South Pf ne Grand Island, 68801 <br />(herein called "Assignor'), to FirsTier Bank, National Association. Omaha. Nebraska having ` <br />n9 <br />ifs principal office at Qmehs. Nebraska (herein called "AssigneWl. ' <br />FOR VALUE RECEIVED, Assignor hereby graftts, transfers and assigns to the Assignee all of the right; title and <br />I densdofAssignorinandbanyandallbasesandodtertenancies `toworhereaf ermadeonorwi threspectbthe red estate <br />! loc ed'in n'11...C'oitni -it, Nrel=ska and more particutarlydescribed <br />inSchedulaAhereof , which real aftle Ibereferredtohereinafteres" Premises ". including ,butnot limited to n <br />LeseemVwh eewWmLeasmwhhmodM adordkifsrt y. descnbedinScheduleShereot /coveiinglhePrerraise� with <br />"ad, td <br />(1) any OW ON extertiions or.renewak (2) any and all gua�n of the Lesee's obligations under any and <br />• . under any and aN extensions or renewals of any thereof. and ( )atl3 ren issues, profits, remues, deposits` awnestnwnay <br />ppaayments, rights and benefits now or hereafter arising from such loase tenancies ancies or for the use and occupancy of the <br />Premiss, and anyand all extensionsand renewalsthereof. Said loamandtenancies or other use of the Premises together <br />with anyandaliguarantees,modif+ cations, extensmmandrenewalsthereofshallbesometimestweinafteriefen toas 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 indebtedness of Assignor <br />secured by that certain mortgage or dead of trust made by the Assognor to the Assignee dated ' 8 -17 .19 on . <br />and recorded orto be recordedat or priorto thererordinp of thisAssignment. or ariy other mortgageordeed ottrusthereafter <br />covering the whole or any part of ft Promises, (Whelher such debt liability, or obligation nowexistsor Is hereafter created or <br />- <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. or joint, debts, liabilities <br />severatf. or joint and several, all such and obligations being herein <br />collectively referred to sometimes as the "Obiigations'7 and <br />; <br />TWO: Performance and discharge of each and every obligation, covenant and agreement of Assignor <br />- <br />contained herein or In any such mortgage or deed ottrust or any note or bond secured thereby, or in any obligation or any <br />securing document given in connection with any of the Obligations secured hereby. <br />A. TO PROTECT THE SECURITY OF THIS ASSIGNMENT ASSIGNOR AGREES; WITH RESPECT TO EACH <br />LEASE: <br />1. To faithfully abide by. perform and discharge each and every obligation. covenant and agreement of the Lease <br />by Lessor tobe performed, to give prompt notice to the Assignee of any notice of detautton the partof Assignor with respectto <br />the Lesse recehredfrom Lessesorguarantor ,togetherwithan accurateand complete copy of any such notimatthei sole cod <br />and expense of Assignor, to enforce or secure the peftimance of each and every obligation. <br />covenant condition and <br />agreement of the Lease bytheLesseeto bepedormed; notto modifyor in any wayalhw the termsof the Lease; notto terminate <br />the term of the Lease and not to accept a surrender of the rents thereunder or to waive, excuse, condone or in any manner <br />release or discharge the Lessee thereunder from the obligations, covenants, conditions and agreements by the Lessee to be <br />performed, including the 9bligafion to pay the rental called for thereunder in the manner and at the place and time specified <br />x <br />therein, and Assignor does by these presents expressly release. relinquish and surrender unto the Assignee all Assignor's <br />right powerandauthorityto modify or In any wayaltertheitermsor provisions ofthe Low. ortoterminatetheterm oraccepta <br />surrender thereof, and any attempt on the part of the Assignor to exercise any such right without the written authority and <br />consent of the Assignee thereto being first had and obtained shall constitute a Default of the terms hereof, as defined <br />hereinafter, entitling 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 <br />out of or in any manner connected with the Lease or the obligations, duties or liabilities of Lessor, Lessee or guarantor <br />thereunder, and to pay all costs and expenses of the Assignee, including attorney's fees in a reasonable sum, in any such <br />action or proceeding in which the Assignee may appear. <br />3. That should Assignor fail to make any payment or to do any act as herein provided, then the Assignee, but <br />without obligation so to do and without notice to or demand on Assignor, and Assignor from <br />without releasing any obligation <br />hereof, may make or do the same in such manner and to such extent as the Assignee may deem necessary to protect the <br />security. hereof, including specifically, without limiting its general powers, the right to appear in and defend any action or <br />proceeding purporting toaffectthesecurity hereofortherightsorpowersoftheAssignee ,andalsotherightbutnolthedutyto <br />perform and discharge each and every, obligation; covenant and agreement of Los-ear In the Lease conta-inced; and in <br />exercising any such powers to pay necessary costs and expenses, employ counsel and incur and pay reasonable attorney's <br />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 <br />f: <br />Obligations and shall be secured hereby and by the said mortgage or deed of trust. <br />S. That Assignor will not transfer or convey to the Lessee the fee title to the demised Premises, or any part thereof, <br />¢ <br />unlessthe Lessee assumes in writing and agrees to pay the debt secured hereby in accordance with the terms, covenants and <br />r` <br />conditions of the said note or bond secured by said mortgage or deed of trust. <br />�.t <br />