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F <br />R. , 31. (3 -72) , <br />(te+t�orncliki� �nal. i�aic�nmtent) ,��..., 103524 <br />F This assignmerht of lease and agreAMMt made and enured into by aurtd t ei wson <br />The Ftmaevelt, Inc. (Lessee--hereinafter called "Borrower ") ; . and <br />Douglas Anderson ...._ (hereinafter called "Lessor "); and <br />FirsTier Bank, National Association, Naha (hereinafter called "Assignee"); <br />Mitneseath: <br />Nherew, Borrower has heretofore <br />�gleased from Lessor certain real. perperW by lease <br />dated March 19, 1988 and as nxBUOr�sc1► In E0o)C , Page <br />, of the records of <br />the County of , State of , fos: a term of ye=s, <br />and descmibed as follows: The Kest One-Third-of Lot Three (3), all of tot Flour (4), <br />in Block )eighty -one (81), in the original Towd, now <br />City of Grand Island, Hall County, Nebraska %rhich <br />property is also km2wn as Carnegie Library Building <br />And, Uvreas, Assignee-has authorized the m king of a loan to Borrower in the amount ; <br />• of Thirty Seven Thousand Five. Hundred and no/190 - - (537,500.00) - - - - - - Dollars due and <br />stable on or before MAY 17, 1995 <br />And, Whereas, such Loan is for the benefit of bath Borrower and Lessor, . in that the <br />funds are to be used for the benefit of the business conducted on the leased premises: <br />Now, Thwefore, for and in consideration of the premises and of disburse ant of said <br />loan or any part thereof, Borrower, with the consent of Lessor, hereby Assigns, ZTransfer$ and <br />Conveys unto Assignee the lease above described, Zb Have and To Hold the same for and during the <br />remainder of the term mentioned in the lease,- and all renewals and extensions of said teen. <br />A. Bcrromer and Lessor fund er Covenant and agree: <br />1. Borrower its not now in default in the performance of lease; and Borrower and <br />Lessor will • each perform the covenants and conditions required of him by said <br />lease for the term of said loan and any extensions our renewal of it. <br />2. Except as, otise herein permitted, Borrower and Lessor will, snot, alone or <br />by amt bebeem them, edify. or t t w • I with m* consent of <br />Assignee. 3 <br />3. In the event of default by Borrower under t1W term- of said lease, Lessor shall , <br />have the might to terminate said lease in accordance with its terms, Provided, <br />Hobmver, Lessor shall first give Assignee 60 days written notice of such <br />default and the right, at the option of Assignee, during such period, tar cure <br />_ such default; and during such period, Lessor will take- no action to enforce <br />its claim arising from such default without Assignee's consent. <br />4. In the event of any default by Borrower in the performance of any of the <br />obligations of his note to Assignee evidencing the aforesaid loam, any renewal <br />or extension thereof, or any other agrceeaent made in connection therewith. <br />including his agreements herein, then, Assignee, at its option, may, without <br />notice, using such force as my be necessary, enter said leased premises and <br />do airey one or mare of the following: <br />a. tiraroM all property of Borrower therefrom that is hypothecated as collateral <br />for its aforementioned loan. <br />b. Sell the property referrexl "'loo in petsagraw a. Ion said premises. <br />