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<br /> 9�� 1,��V41 �rp�red by �nd�it�
<br /> ncoMin� r�turn to:
<br /> o�vid T. lielf, Epuir�
<br /> Dwid T. Yolf, l.C.
<br /> tuit�!00
<br /> 900 Clrcl� 75 �KkwY
<br /> Atf�nt�, oear�f� 30339
<br /> �es=arn���rr o� aaarre uta z��►sas �
<br /> THiB �►BBi(3 E1PP oF RENTB AND L�1►BE8 �th• "7►ssiqnm�nt"� , is
<br /> mada on this � daY oE January, 1999, by TOUKAN PROPET2TIES,
<br /> L.L.C., a Nebra�ka limited liabilty compa►ny (hereinafker ca�.led
<br /> the "Assignor") , to NATION�BANK, N.A. , having an address at 600
<br /> Peaahtree Street, N.E., 19th Floor-Plaza, Atlanta, Fulton County,
<br /> Georgia 30308 (hereinafter called the "Assignee") .
<br /> W I T P1 E S S E � H•
<br /> A�signor, for good and val�aable consideration, the receipt
<br />= of which is hereby acknowledged, does hereby bargain, sell,
<br /> transfer, assiqn, convey, set over and deliver unto Assignee all
<br />- right, title and interest of Assiqnor in, to and under the leases
<br /> described on Schedule "A" attached hereto and made a part hereof
<br />= together with any and all future leases hereinafter entered into
<br /> _ by Assignor relat ing to the premises (the "Premises") described
<br /> i;c LAr.ibit "A" atta�??P� hereto and made a par.t hereof, and all
<br /> amendment�, extensions and renewals of and any guarantees or the
<br /> lessee�s obligati ons under said ].eases and any of them, all of
<br /> whiah are her.einafter called the "Leases", and all rents, income
<br /> and profits which may now or hereafter be or become dve or owing
<br /> under the Lea3es, and any of them, or on account of the use of
<br /> the Premises.
<br /> This Assignment is made for the purpose of securing:
<br /> A. The payn�ent of the indebtedness (including any
<br /> extensions or renewals thereof) evid�nced by that certain real
<br /> , estate no�e dated of even date herewith in the original face
<br /> � principal amount of FIVE MILLION ONE HUNDRED THOUSAND AND
<br /> - Na/100THS DOLLARS ($5,100,000.00) (hereinafter called the
<br /> ��Note") , and secured by a certain Deed of Trust and Security
<br /> Agreement dated ot even date herewith upon the Premises made by
<br /> Aseignor to Assignee, and to be recorded in the deed records of
<br /> Hall County, Nebras}ta (hereinafter aalled the "Security
<br /> Conveyance") ;
<br /> B. The payment of all other sums with interest tihereon
<br /> becoming due and payable to Assignee under the provisions of the
<br /> Security Conveyance or any other instrument canstituti.ng security
<br />-- for the Note; and
<br /> C. The performance and discharge of each and every term,
<br /> covenant and cundit ion of Assignor contained in the Note,
<br /> Security Conveyance or any o�her instrument constituting security
<br /> � �or the Note.
<br /> r
<br /> , Assignor warrants, covenants and agrees with Assignee as
<br /> follows:
<br /> 1. That it is the sole owner of the entire lessor's
<br /> a.nterest in the Lea ses, that it has not and snaii nv� ax��u�a �-%s
<br /> other assignment of any of the Leases or the rents, income and
<br /> protits accruing from the Premises, and that it has not and shall
<br /> not perform any act s or execute any other instruments which might
<br /> prevent Assi.gnee from fully exercising its rights undez any of
<br /> the term�, covenants and conditions of this Assignment.
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