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<br />89... 104683
<br />ASSIGNMENT OF LEASES AND RENTS
<br />TH T. made th'• 29th day of August
<br />by Jerry L. Sh.='�feld and Barbara M. Sheffield, husband and wife
<br />raiding ator having.am,0 ce at 376 North Walnut Grand Island, NE 68801
<br />FirsTier Bank, National Association Omaha NE
<br />its peinciyal office at OvAha, Ne*wka (herein called "Assignee").
<br />NITN(ETH:
<br />FQRYALVE RECEMD, Assignor hereby granta.bansfus a,;, 3*"ignstotheAssignee diaitherighr, title
<br />and inttraaarf Aastigttor in and to arty aund all leases and other tenancies nowerhwEeaftermadeon or wi th respect tc- the r-a:
<br />estate located in
<br />Hall Nebraska and more particularly described
<br />ingchdUkAhet+a f4W real eitsteshaUbereferredtohereinafteras "Pretaisesr; including, but not limited tothatcerWn
<br />Lease or those enUia Leases, w modifications. ifany, described in Schedule B hereof covering the Premises; together with
<br />(1) any and all extenWons or renewm3a thereof, (2) any and all guarantees of the Leseee's obligations under any thereof and
<br />under any and all vWv one or tmewsb of any thereof~ and (3) all rents, issues, profits, revenues. deposits. earnest moss;
<br />tpsyments, rights a d bRoefrts now or hereafter arising from such lease and tenancies or for the use and occupancy of the
<br />Premises, sad any s.n. d all extensions and mnnewals thereof. Said leases and tenancies or other use of the Premises together
<br />with any grad all guarantses. modifications. ex tensions, and renewab thereof shall be sometimes hereina3terr eferred to as the
<br />e'
<br />'Leas,easea
<br />FOR THE PVA P?(It3E OF SECURING:
<br />ONE: gis}�rr Ie ea4 performance of each and every dei;tiability au dobUgation of every type and description
<br />which Assignor may now or aayowe hereafter owe to Assignee, including{, but'ark.Umlted to; the indebted of Assi or
<br />secured by tltab certain mort�ggitigtt�r deed of trust trade by the Asailmor to the August
<br />Assignee ds;tad>. 19_..._,
<br />and reeordod oc to be reoordsd at or prior to the recording of this Asaipimen% or any other mortoge or decd of taut hereafter
<br />covering the whole or any psrt of the Premises. (whether such debt, lialCity, or obligation now-srxtets or is hereaftercreated or
<br />incurred amid wlwthsr it is or may be direct or indirect, due or to become due, absolute or contingent, primozy or secondary,
<br />liquidated or uidiquidate d, or joint, several, or joint and stimM, all such debts. liabilities and obligations NUw herein collec-
<br />tivelY referred to sometimes as the "Obligations "); and
<br />TW00"f mQance and discharge of each and every cov"n nt and agreementof Assignor comwi ned
<br />herein or in any arwh mortgage or deed of trust or any note or bond: -qw. red thwe,? -, or in any obligation or any aecm ing
<br />cu
<br />doment given in eanAidion with any of the Obligations secured hereby.
<br />A. TO PROTECT `>r'1 E SECURITY OF THIS ASSIGNMENT ASSIGNOR AGREES, WITH RESPECT
<br />TO EACH LEASE.-
<br />I. To faithfully abide by, perform and dischsr15c: ea►rh and every obligation, covenant and agreement of the Lease
<br />by Lessor to be performed, to give prompt notice to the Aaai;g�vw of any notice of default on the part of Assignor with respect to
<br />the Lease received hom Louse or guarantor. together with an accurate and complete copy of any such notice, at the sole cost
<br />and expense ofAsWpor.toenfor sorsecure theperformanceofeacharct every obligation .covenant,conditionandagreetmmt
<br />of the Lease by the Lessee to be performed; not to modify or in any wrtpw1h;er the terms of the Lease; not to terminate the term of
<br />the Lease and not to socept a surrender of the rents thereunder or to •Naive, exeuaet. condone or in any manner release or dis-
<br />charge the Lessee thereunder frcm the obligations, convotimte. couc; ions and. agyeements by the Lessee to be performed,
<br />including the obligation to pay On rental called for thereunder in the Mkt ier ani atf he place and time specified therein, and
<br />Assignor doer by that• presents, ml ft mly release, relinquish and suninder unto the Assignee all Assignoe's right, powerand
<br />authority tomodifyorh% any way wtertheterazsorprovracatasoftheEetcne ,ortoterminatethetem noracceptasurrendarthere-
<br />of, and any attempt 4144 to part -tithe Ausiznzr to ezoerciss any suck aright without the written authority and con senttyl, the
<br />Aaeiggnes thereto being first had aid obtained shall mnstiLute a Defaultof the terms hereof. as defined hereinafter, en iitling
<br />the AsWgma to declare all sums secured hereby immediately due and payable.
<br />I At Assignor's sole cost and expense to appear in and defend any action or proceedtn =arising under, growingout
<br />of or in any manner comnected with the Lease orthe obligations, duties or iiabilitiesof Lessor. Lessee orguarantorthereunder,
<br />and to pay All costs smd experws of rite Assignee, including attorney's fees in a reasonablesum, in any such action or proceed-
<br />ing in which the Assigns may appear.
<br />3. 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 o7 demand on Assignor, andwithout releasing Assignor from any obligation
<br />hereof, may makeordothesame in such mannerand tosuch extent"UmAasignee may deem nec asaryto proteetthesecurity
<br />hereof, inclWWW specifically. without limiting its general power. the right to appear in and defend any action or proceeding
<br />pau yr ortitrg{ to affect the eerarity hereof or the rights or powers of the Assignee, and also the right but not the duty to perform
<br />nndd discharge steer and every obligation, covenant and agreement of Lessor in the Lease contained; and in exercising any
<br />such powen to pay necessary costs and expenses. employ counsel and incur and pay reasonahlo attorety'e fa.,
<br />4. To pay immediately upon demand all sums expended by the Assignee under the authority hereof. together with
<br />interest thereon at the highest rate set forth in any of the Obligations secured hereby, and the some shall be added tothe Obli-
<br />gations and *hall be secured hereby and by the said mortgage or deed of trust.
<br />r n- A Jftw-4r s not transfer or convey tO the Lessee the fee title to the demised Premises, or any part thereof.
<br />untass the taseveasaameein writing and agrees to pay the debt secured hereby in accordance with the temrs,convenant% and
<br />c.!,ndtLone of the said note or bond wcurecl by said mortgage or deed of trust.
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