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<br />89.
<br />144469
<br />ASSIGNMENT OF LEASES AND RENTS
<br />THIS ASSIGNMENT. made this- 28th- - day of June 19-02,
<br />by Verne R. Moseman & Kathryn M. N,oap -man . ear -h in his r%r hpr nwn ri'ht ar. epoli+ce of each nth r
<br />residing at or having an office at- Pmts 2 Wood River. NE 68883
<br />(herein qlled u�1� to FirsTier Bas-x. toatignaiAssociation, 424 W_ 3re:, c_ =Z , NF hag
<br />its principal office at Opuha, Nebraska (herein called " Assignee");'
<br />WITNI ETH: �: '
<br />FOR VALVS RECEIVED, Assignorherebygrants ,ttansfersandassi stotht-_
<br />rntwW of Asa or• r en m all oftherighty tide
<br />id)43 tzri, A. aced to any and all losses and other tenancies now or hereafter m&* 0U-ar Vth respect to the real
<br />estate locaittidtiir Hall County, Nebraska and more paWW' irrly described
<br />in Schsdulel� hereof. which real estateshall be referred tohcseinafteran "Premises ; including .butuotHmitAdtothateertain
<br />Lease or those en tatixf<1:'arases, with modifications, if any, described in ScheduloB hereof. coveringthe Premises: together with,
<br />(1) any and all e;or renewals thereof, (2) any and all guarantees of the Lessse's obligations under any thereof and
<br />under say sad u'1i.ss; idbns or rsnaavaIo of any thereof, and (3) all rents, issues, profits. revenues, deposits, earnest money
<br />payments, rr�r�'i d'benef�n:ffiiatlona� wsuch lease 'ard t nancies ^• fe• the em_� eA occupancy of the
<br />Premisesdeand all ea and reaid leases and tenancies or other use of the Premises together
<br />witb e aitensions, and senewali thereof shall be sometimes hereinafterrefesred toaathe
<br />FOR THE PURPOSE OFSECURING:
<br />ONE: Pays: entandpedormanceofeachandevMdabt. tiabilityaadobUilationofeveryt3wea dyi cii�ion
<br />kith Assignor may now or anytime hereafter owe to Assignee:,;in�? q, but not limited to, the i�debte e i of Asaslnor
<br />secured by that certain mortgage or deed of trust made by the Ass�p -.c to the Assignee dated "ne 19�_,
<br />and recorded or to be recorded at or prior to the recording of this w4mz erat. or any.other mortgage or deed of trust hereafter
<br />covering the whole or any part of the Premises, (whether such ovbt, liability. or ofta Lion now exists or u hereaft ercreated or
<br />incurred and whether it is or may be direct or indirect, due rarto become due, absolate or contingent, primary or secondary,
<br />liquidated or unliquideteri, or joint. several. or joint and several; all such c'sbb, liabilities and obligations being herein collet
<br />tewely raferrd to sometimes as the "Obligation" ); and ;
<br />TWO: Perfotmanee and discharge of each and every obligation, covenant and agreementofAssignorcontained
<br />herein or in arty such :wage or deed of trust or any note or bond secured thereby, or in any obligation or any securing
<br />document gtwen in conrrrmevdon 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 I asse
<br />Lessor to be performed, to give prompt notice to the Assignee of any notice of default on the partof Assignor with respect to
<br />do Law received from Lessee or guarantor, together with an accurate and complete copy of arsy*tch notice; at the sole cost
<br />+ radeupsswof&x ignor, toenforceorsecuretheperformanceofeachandeveryobligation ,covenant,conditL=andagresm nt
<br />of the Leawfby the Lasser to be performed; not to modify or ha any way miter the terms orthe Lease; not tote m (matetheterm of
<br />the Law matt not to accept a surrender of the rents thereunder or to waive, excuse, condone or in any manutrt release or disc
<br />ciarge thr hags thereunder firers the obligations. eonvenante, conditions and agreements by the Lessee to be performed,
<br />i ricluding W obligation to pay the rental called for thereunder in the manner and at the place and time specified thereim, and
<br />Assignor doss by these presents expressly reles e. relinquish and surrender unto the Assignee all Assignor's right, povnWand
<br />authority 0 =odify orinanywayaltertheterrr oacprovisionsoftheLease, ortoterm-I tatethetermoracceptascrrenderthem
<br />of. and onytatlempt on the part of thv Aasignu- ro excerci sec amy such right withtW tbxo written authority arras consent of the
<br />Assignee it mreto being font had and of tamed at oil cons dfArle a Default of the temr berwsf:,. as defined hereinafter. entitling
<br />the Aasieewe to declare all sums secured herein, immediatt4- due and payable.
<br />2. At Assignor's sole cost and expetw Go appear in and defend any action or proceedingarising under, growingout
<br />of or in any manner connected with the lease ortla* obligatiams, duties or liabilities of Liesoor, Imam orguarantor thereunder,
<br />and to pa gall costs and extpense@ of the Assignee. includingattorney's (main areasonablesurm, in any such actionor proceed-
<br />ing 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 Asssignee. but
<br />without obligation so to do and without notice to or demand on Assignor, and withoutreleasing Aasignorfirom anyobligntion
<br />harsof,ma make ordothesame in such mannerand tosuch extent as theAmignee may deem necessary to protect thesecurity
<br />hereof. including specifically, without limiting its general powers, the right to appear in and defend any action or proceeding
<br />purporting to affect the security hereof or the rights or powers of the Assignee, and also the right but not the duty to perform
<br />=discharge each and every obligation. covenant and agreement of Lessor in the Lease contained; and in exercising any
<br />such powers to pay necessary costa and expenses, employ counsel and incur and voy reasonable ait!omeyla 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 at forth in any of the Obligations secured hereby, and the some shall be added to the Obli-
<br />gets=@ and @hall be secured hereby and by the said mortgage or deed of trust.
<br />b. chat Assignor will not transfer or convey to the lessee the fee title to the demised Premises, or any part thereof.
<br />unless the Iassee wume@ in writing and agrees to pay the debt secured hereby in accordance with the tetme,convenants and
<br />conditions of the said note or bonds secured by said mortgage or deed of trust.
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