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c <br />COLLATERAL ASSIGNIENT OF LEASE 90- , Q V V d <br />-FOP. Me IN CONSIDERATIOI3 of the sum of 'Thirty -four thousand and no/10G' <br />--- -` Dollhrs= 0-34,000-.00 ) loaned to the undersigned, ,. <br />e r an Sharon L. po �a>E , usband• and wife _ _ hereinafter <br />- referred to as Assignor , does 'hereby sell, assign and transfer unto THE- <br />_. <br />OVERLAND. NATIONAL. BANK, OF: GRAND ISLAND, hereinafter referred to as "Assignee ", <br />a right, title and interest in and, to a Real Estate Lease <br />' <br />_Y_al1Ad_AAsianor$ <br />fisted SIIG%9t_ , , wherein <br />As the Tenant fa respect to that real estate legally. described -as: <br />_LQt -Ov-P (1) Woodward Subdivision. irk ._Hall.. County,` Nebraska, _ <br />SAID ASSIGNMENT BY•THE UNDERSIGNED ASSIGNOR IS MADE SUBJECT TO THE <br />FOLLOWING TERMS AND CONDITIONS: <br />1: This Assignment is given to secure the payment of the indebtedness <br />_. <br />described above and as security for such- atheesums- as -may be hereafter <br />. <br />advanced by Assignee to, or for�.the benefit of, the Assignor; provided, however.* <br />that in the event'all indebtedness owing from the Assignor to the Asdignee is <br />well and truly, paid, then this, Assignment shall be void, otherwise to remain in <br />full force and effect. <br />d <br />2. It is the intention and agreement of the Assignor that this Assignment' <br />shall also secure any future advances made to Assignor by Assignee and any`and <br />all indebtedness in addition to the amount stated above which said Assignor may <br />owe to said Assignee, however evidenced, whether by note, book, account or <br />'• <br />otherwise. The undersigned also agrees that-this Assignment shall secure all <br />costs, charges and expenses treasonably incurred or paid by Assignee, including <br />reasonable attorney fees, because of the failure of the undersigned to comply <br />with the terms of the Notes evidencing such indebtedness or this Assignment. <br />3. So long as Assignor shall not be in default of the payments due t6 <br />; <br />Assignee in respect-to indebtedness owing or in the performance of the require- <br />ments of any instrument of security which may secure such indebtedness, Assignor <br />:. <br />shall be entitled to collect and retain for his benefit all rents, from time to <br />time accruing and received in respect to the Real Estate Lease herein assigned <br />as security. <br />_ <br />j <br />4. Upon default•in the payment of any sum due in respect to the indebted- <br />ness secured hereby or in the performance of the requirements of any instrument <br />of security which may secure such indebtedness, the Assignee may give itmediate <br />notice of this Assignment to the Tenant under such Lease and shall., from and <br />after the date of such notice, be authorized `to receive and collect all such <br />Tents as may thereafter accrue and be due and payable to Assignor under the <br />- <br />terms thereof. <br />5. The Assignor represents and warrants to the Assignee that the assigned <br />Real Estate Lease and rents therein provided has not been previously transferred <br />or encumbered. <br />6. The Assignor will not, without the prior written consent of the Assignee, <br />agree to or consent to or permit any amendment, modification, termination, <br />assignment of or subletting under the Real Estate Lease herein assigned as <br />security. <br />•7. All control and dominion over the rights and remedies of-the Assignor <br />as Owner set forth in the Real Estate Lease hereby assigned ag security are <br />transferred to the Assignee except that the Assignee may in wri.ting.specifically <br />authorize the Assignor to act with respect thereto. <br />8. The Assignor will keep and perform all the obligations to be performed <br />on the part of the Owner under the terms of the Real Estate Lease herein assigned <br />as security and will save the Assignee harmless from any failure to do so, it <br />being specifically understood that notwithstanding this Assignment or any notice <br />thereof, the Assignee shall »ot be obligated to perform any of the obligations <br />' <br />on the part of the Assignor arising under such Real Estate Lease. <br />. IN WITNESS WHEREOF, the Assignor has executed this Collateral Assignment <br />of Lease on this _25th day of August 19 90 <br />Deane` A. Woodward Sharon .Woodward <br />0 0$ :2EBRASKA) <br />Law., <br />)SS <br />7 <br />. <br />COUNTY OF HALL ) <br />The foregoing Collateral Assignment of Lease was acknowledged before me <br />this 25th day of August _, 1q 0 },y Duane A. Woodward and <br />ti <br />Sharon L. Woadwar(r- <br />i:�yt ttr`, Pohl f r. <br />K NIA040 M �Orult <br />1ERESA L PtG15. <br />1 <br />