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IL03720
<br />ASSIGNMENT OF LEASES AND RENTS
<br />• THIS ASSIGNMENT, matte this lath Asy of July _ 89. .
<br />by S. Laverne Shehein agd Donna )t. Shch inr husband and wig
<br />raiding at or having an office at Route 2, Sox 170, DoniFhan, NE 68832
<br />(herein called "Assignor'). to FirsTier Hank, National Association, Omaha, NE hen• •,.-
<br />its principal office at Omaha, Nebraska (herein called "Assignee '),
<br />WI1N888ETH:
<br />FOR VALUE RECEIVED. Assignor hereby grants, transfers and assigns to the Assignee all ofthe right, title
<br />and interest of Assignor in and to any and all lemma and other tenancies now or hereafter made on or with respect to the real
<br />estate located in Hall County and more particularly described
<br />in 9ebndah A hwwC which real estate shall b refesr+sd to hereinafter as " Premises•', including, but cot limited to that certain
<br />!.ease or tbome certain Less, whb modification,, dany, described in Schedule H hereof, covering the Premise- together with.
<br />(1) any and all exte adore or renewals thereof, (2) any and all guarantees of the Lsssse's obligations under any thereof and
<br />under any and all whasions a renewals of any thew& and (3) all rents. inure, prof its. revenues, deposits, earnest money
<br />payments, rights and benefits now at hereafter arising from arch lease and tenancies or for the use and occupancy of the
<br />Prrraaisss, and s" and all extensions and renewals thereof. Said lessee and tenancies or other use of the Premises together
<br />with any and all guarantors. modifications. extensions, and renewals thereof shall be sometimes hereinafter referred to ass the
<br />"Lease" o: •'lasses••,
<br />FOR THE PURPOSE OF SECURING:
<br />ONE: Payment and performance of each and evey, debt, liability and obligation of every type and dsecription
<br />which Assignor may now or anytime hereafter owe to Assignee, including, but not limited to, tbe�tu�eybt�tesr of Assignor
<br />secured by that outain os' dead of trust made by the Assignor to the Awignee dated . 19_,,
<br />and reeadd or to be mo at ca prices to the reaotding of this As ignmmt, or any other mortgage or deed of frttsthaeeaftee
<br />covering the uhab or any_ part of" Pramimes. (whatha vetch debt, liability, or obUsatign nqw exits or is haoohwasated or - - - --
<br />JIM ue=ra9-am- it.im or maybe"'' F1 os indirect, due or tib becotne due. absolute ore contingont; primagr erase cry. liquidated ted or �so r t, "O�b d. or J nt aad��. � such debts, liabilities and obligations being herein collec-
<br />tively
<br />IWO: Forfo rmanceanddischargeofeach and eve y obligation, covenantandagreement cfAssignorcontained
<br />herein or in anti, such mortgage or dad of trust or any note our bond scored thereby, or in any obligation or any securing
<br />document given in connection with any of the Obligations evev d herby.
<br />A. Tt!O. PROTWT THE SECURITY OF THIS ASSIGNMENT ASSIGNOR AGREES, WITS' RZSPEC r ., ..
<br />70 EACH LEASE:
<br />1. To Wthfmlly abide by. per hem and discharge each and may obligation, revenant and agreement of the Leese
<br />by loser to be pseforrmwd. to give prompt notice to the Assignee of any notice of default on the part of Assignor with respeetto tgr
<br />the F ease mosived !ream lessee or gsamator, together with" airecnrate and complete copy of any suscbtmum. at the sole oat
<br />ademceessofAaaignor.toenf w orneumtheperformanceofeschandnmyobbgation covenant. onapdttgrssmsnt ;
<br />ofthe Lane bytheLesseetobe performed; notto modify orine>r y way after thetermesoftheLeas- rattoterminattitbetramof
<br />the Lasse and not to accept a surrender of the rents thereunder or to waive. excuse, condone or in any moaner raliisse or dis- -
<br />chatgls the Lessee thereunder hour the obligations, eonvenants, conditions and agreements by thus Losses to be performed,
<br />iadsding the obligation to pay the rental called for thereunder in the manner and at the place and time specified therein, arid, ,
<br />Asst;rnor doss by feces pcesearta r+deass, relinquish and surrender unto the Assignee all Assignor's right, poweeaad•
<br />manwitytomodityarinanyway afterthatexamorprovisionsofthe Laae ,orto terminate thetermor
<br />of. and any attempt on the part of go AssignorQ ta,excerciss any each right without the written author and a of the
<br />Assignee theaetrr.- being first had and obtained isl:R.11 constitute a Default of the terms heseaf, as defined hereinafter. entitling
<br />the, Assignee to declare all sums secured hereby immediately due and payable.
<br />2 At AnngnWe sole cost and expense to appearin anddefend any action or proceeding arising under, growing out
<br />of a in any ssnnerconnected with the Leeseortheobiigadws, datisaorlia bilitiesofLmoor .lamnorguarantortheewndee.
<br />and to psy sll aosoe arud expeosss of the Assignew including attomeVe fees in a ressonabee sum, in anys uch action or proceed.
<br />ins in which the Assignee may appear.
<br />a That should Assignor fail to make any payment or to do any act as herein provided. then the Asasignee. but
<br />without obligation so to do and without notice to or demand on Assignor, and withoutrelessing Assignor from any obligation
<br />harmt, may maltaotdothesameinsudtmannerandtosachesteatastheAssigneemayde mnecessary toproteettheaecurity -
<br />hav4 iwluding spedfically, without lima ' • -- - -
<br />crag its general pewees, the right to appear in and defend any action or proceeding
<br />to affect the security hereof or the rights or powers of the Assignee. and also the right but not the duty to perform
<br />a discharge each and every obligation, covenant and agreement of iwssor ii tM Lurie contained; and in exercising any
<br />such powers to pay necessary coots and expenses, employ counsel and incur and pay reasonable attorney's fees.
<br />1. To pay immediately upon demand all sums expended by the Assignee under the authority hereof, together with
<br />L interest thession at the highest rate not forth in any of the Obligations secured hereby, and the same shall be added to the Obli-
<br />gations and shall be secured hereby and by the amid mortgage or deed of trust.
<br />b. That Assignor will not transfer or convey to the Lewes the fee title to the demised Premises, or any part thereof,
<br />unless tM Lenses mo nses in writing and agrees to pay the debt secured hereby in accordance with the terms, convenants and
<br />conditions of the said note oT bond secured by said rmortgage or decd of tyug
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