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ASSIGNMENT OF LEASES AND RENTS
<br />THiS ASSIGNMENT. made #& F 27th dayof ?''u`n' 19,90
<br />by Beverly J. White, , a single person
<br />residing at or having an office at 1110 First avenue Aurora, 'Nebraska 68818
<br />FirsTier Bank. �'+i ,-hal Association. rtmaha, Nebraska
<br />(hetein.called "Aiaignoei, to having-
<br />ft principal office at Ornaba, Nebraska (herein called "Assignee"j,
<br />1N(TNESSETH: :
<br />FOR VALUE RECENED. Assignor hereby grants, transfers and assigns to the Assignee all of the right, title and
<br />inWegotAssWwirteMbanyandafilmmohdoffwtenaMeemoworimmkornmideonor wrthrespectioewrewestaie -
<br />Hall County
<br />located in and more perticutarfy described
<br />In Schedul eAhereof, whichrealestabeshallbereferredtohereinafteras" Premises including, but notlimitedtothatcertsin
<br />Lsaeeorthosecetuiin Leases, with modifications, ifany,described in Schedule Shereof, covering#* Pnemises;togetl>ltrwith
<br />: (1) any and all extensions or renewals thereof, (;>1 any and all guarantees of the Lesee's obligations under any thereof and
<br />under any and all extensions or renewals of any thereof. and (3) all rents, issues, profits, revenues, deposits, earnest money
<br />payments,-rights and benefits now or hereafter arising from such tease 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 anyand all guarantees, modifications, extensions. and renewals thereof shall be sometimes hereinafter referred toasthe
<br />"Lease' or " Leasuhs'
<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 ;o. the indebtedness of Assignor
<br />secured by that certain mortgage or deed of trust made by the Assognor to the Assignee dated » -w - 27,19 9n ,
<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 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, i
<br />liquidated or untiquidated, or joint several, or joint and several, all such debts, liabilities and obligations being herein
<br />collectively referred to sometimes as the "Obligations' 1. and
<br />TWO. Performance and discharge of each and every obligation, covenant and agreement of Assignor
<br />contained herein or in any such mortgage or deed of trust 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 to be performed, to give prompt notice to the Assignee of any notice of ¢efaultonthe part of Assignor with respect to
<br />the Leasereceivedhom L mseeor guarantor, together with an accurateand complete copy of any such notice -, atthe sole Cost.
<br />and expense of Assignor, to enforce or secure the performance of each and every obligation, covenant condition and
<br />agreementof the Lease bythe Lessee to be performed; notto modify or in anyway attertheterms of 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 r
<br />release or discharge the Lessee thereunder from the obligations. covenants, conditions and agreements by the Lessee to be
<br />performed, including the obligation to pay the rental called for thereunder in the manner and at the place and time specified
<br />therein, and Assignor does by these presents expressly release, relinquish and surrender unto the Assignee all Assignor's
<br />right power and authoriryto modityor in any wayalterthetermsorprovisions ofthe Lease.orioterminatetsheterm oraccepta
<br />surrender thereof, and any attempt on the part o! the Assignor to exercise any such right without.the written authori ty and
<br />consent of the Assignee thereto being tire! 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 without releasing Assignor from any obligation
<br />hereof, may make or do the samo in zilch manner and to such extent as tho Awignce may doom neceswry 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 to affect the security hereof or the righiis or powers o! the Assignee, and also the right but not the duty to
<br />perform and discharge each and every obligation. Covenant and agreement of Lessor in the Lease contained; and in
<br />- C- erdsing aoysucfi p<*wors topay net - ssary costs and eor,*r;s A employ courrA and iflour and pay feasonabte: attomws
<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 />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 too title to the demised Promises. or any part thereof.
<br />unless the Lesseeassumes in writing and agrees topay the debt secured hereby in accordance with theterms. covenantsand
<br />conditions of the said note or bond secured by said mortgage or deed of trust.
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