|
89"' 103982
<br />ASSIGNMENT G•F LFASES AND RENTS
<br />THIS ASSIGNMENT. made this 31st .ray of July 19-99,
<br />by Bernard E. Sawyer & Maxine M. Sawyer, husband & wife
<br />residing at ov having an office at 2407 W. Oklahoma, Grand Island, NE 68SQ1
<br />(herein called " Aasignor" ). to FirsTier Bank, National Association, Omaha having
<br />its principal office at Omaha, Nebraska (herein called "Assignee "),
<br />WITNESSETH:
<br />FOR VALUE RECEIVED, Assignor hereby grants, transfers and assigns to the Assignee all of the right, title
<br />and interest of Assignor in and to any and all leases and other tenancies now or hereafter made on or with respect to the real
<br />estate located Hall County, Nebraska and more particularly descn`bad
<br />in Schadrtle A hereof, which real eststa shall be referred to hereinafter as " Premises ", including, btttnot limited to that certain
<br />Lease or throe certain Leases, with modifications. ifany, described in Schedule H hereof. covering tax Premises; together with,
<br />(1) any and all extensions or renewals thereof, (2) any and all guarantees of the Lessee'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 lease 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 any and all guarantees, modifications, extensions, and renewals thereof shall be sometimes hereinafter referred to as the
<br />"Lease" air "Lessee"•
<br />FOR THE PURPOSE OF SECURING: _
<br />ONE: Payment ate. peefor=ance of each and every deign:, Liability and obligation ofevery type and description
<br />which Assignor may now or anyt us hereafter owe to Assignee, including, but not limited to, the'indebtedneas of Assignor
<br />secured by gnat certain mortgage or deed of treat made by the Assignor to the Assignee dated July 31 ,19
<br />and recorded or to be recorded at or prior to the teoording of this Assignment, or any other mortgage or deed of trust hereafter
<br />g ove. i,,notkaaw knl. o•*rvnnytofthe Promises: lwbather such debt, liability sor obligation now e iatacriahereaRerrieatedor-
<br />incurred and whether it is or may be direct or indirect, due or to becomo due, absolute or contingent, primary or secondary,
<br />liquidated or unliquidated, or joint,_sevaW, or joint and several, all such debts. liabilities and obligations being herein collec-
<br />tively referred to sometimes as tine "Obligations '); and
<br />TWO: Performance sad discharge of each and every obligation, covenant and agreement of Assignor contained
<br />herein or in any such mortgage at deed of trust or any note or bond secured thereby, or in any obligation or any securing
<br />document given in connection with any of the Obligations secured hereby.
<br />A. TO PROTECT THE SECURITY OF THIS ASSIGNMENT ASSIGNOR AGREES, WITH RESPECT
<br />TO EACH 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 default on the part of Assignor with respect to
<br />the Lease received from Lessee or guarantor, together with an accurate and complete copy of any such notice; at the sole cost
<br />and expense of Assigaor.to enforce or secure thoperfor mane of each and every obligation, covenant, condition and agrepow t,
<br />of the I.esse by the Iessee to be performed. not to modify orin any way alter the terms of the Lease; notto terminate the term of
<br />the Lease and not to accept a surrender of the rents thereunder or to waive, excuse. condone or in any manner release or dis-
<br />charge the Lessee thereunder from the obligations, oonvenants, conditions and agreements by the Iesssa to be pedonned,
<br />including the obligation to pay the rental called for thereunder in the manner and at the place and time specified therein, and
<br />Assignor does by these presents expressly release, relinquish and surrender unto the Assignee all Ase ignar sright. power and
<br />authority to modify or in any way alter the termsor provisions ofthe Lease, orto terminate the term oraccept ellet red vi6me.
<br />of. and any attempt on the part of the Assignor to exceraw any such right without the written authority and oonseat of the
<br />Assignee thereto being first had and obtained shall' constitute a Default of the terms hereof, as defined hereinafter, entitling
<br />the Assignee to declare all sums secured hereby•itnmediately due and payable.
<br />2. At Assignor's sole cost and expense to appear in and defend any action or proceeding arising under, growing out
<br />of or in any manner connected with the Lease orthe obligations, duties or liabilities of Lessor. Lessee orguarantor. thereunder,
<br />and to pay all costs and expenses of the Assignee, including attorney's fees in a reasonablesum, in any such action or pro osed-
<br />ing in which the Assignee may appear.
<br />& That should Assignor fail to make any payment or to do any act as herein provided, then the Assaignee, but
<br />without obligation so to do and without notice to or demand on Assignor. and without releasing Assignor from any obligation
<br />hsnof, may make or do the same in such manner and to such extent as the Assignee may deem necessary to protect the security
<br />hersot including specifically. without limiting its general powers, the right to appear in and defend any action or proceeding
<br />pure . to affect the security hereof or the rights or powers of the Assignee. and also the right but not the duty to perform
<br />and discharge each and every obligation, covenant and agreement of Lessor in the Lease contained; and in exercising any
<br />such powers to pay necessary coats and expenses, employ counsel and incur and pay reasonable attorney's fees.
<br />4. To pay immediately upon demand all sums expended by the Assignee under the authority hereof, together with
<br />L interest thereon at the highest rate set 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 said mortgage or deed of trust. r
<br />6. That Assignor will not transfer or convey to the Lessee the fee title to the demised Premises, or any part thereof.
<br />unless the Lessee assumes in writing and agrees to pay the debt secured hereby in accordance with the terms, convenants and
<br />conditioti& of the &aid note or bond secured by said mortgage of did of trust
<br />
|