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<br />Al go. 106400
<br />ASSIGNMENT OF LEASES AND REWS
<br />THIS ASSIGNMENT, made thia 30th - - -- day of October _ 19 90 _
<br />Raymond J. O'Connor and Jennifer S. O'Connor, husband and wife____ --
<br />_ at or having an office at =22 S. Gunbarrel Road Grand Island. NE 68801
<br />FirsTier Bank. National /tssociatian, Omaha. Nebraska having
<br />- -° called "Assignor"), to r -
<br />pjfncipal office at Omaha' Nebraska (herein called "Assignee
<br />UTNESSETH. 5 `'
<br />FOR VALUE RF-Mv - VIED, Assignor hereby ,rants, transfers and assigns to tite Assignee all at-tile right title and
<br />li,ji,jaofAssIgnorinandWm. and all leasesandoiherilenanciesnoworheret fiaemade art or with respecl .Whe foal OM118
<br />in Halt (County, nebraska and, more Particularly described
<br />- ~Schedule A iwfeof, which 6W estate sihRrJI -W referred to hereinafter as " Premises ". i.nctudln%but not limited to tilat certain
<br />for# mm certain Leasif twithmodifif.�tlfons,if any, described in Schedule 8hemeof,coverf fhePrernises:togetiterwiftT
<br />any and all extensions or renew:ris ti rpseof, 2) any and all guarantees of the Lesee's OWiga 'Ors under any thereof and
<br />any and all extensions or renewals of any there g, and (3) all rents, Issues. profits, revenuee, deposits. earnest money
<br />=;w, rights and benefits now or herea�ttsr arising from such lease and tenancies or for th ®use and occupancy of the
<br />___ ,may and ail extensions and rcciewals thereof. Said leases and tenancies or other use othhe Premises together
<br />• .... and 'I qua
<br />rantees.modiflcations. extensions. andrenewatsthereofshallbesometlmeshereinafterreferredtoasthe
<br />a.ease or 'uses
<br />FOR THE PURPOSE OF SECURING: �7
<br />ONE, Payment and performance of each and every debt. liability and obligation of every type and description
<br />Assignor may now or anytime hereafter owe to Assigne% including. but not limited to, the IM- wness ObAysignor
<br />N N; by they certain njollgage or deed of trust made by the Assognor to the Assignee dated 18
<br />reocrdedortoberewidedalorpdorto the recordir,. gof this
<br />AasignmenLoranyothermoRgageadieed ®44rusthereafter
<br />- -. partof the Premises. (whether such debt liability. or obligation now exisborisheteafbrcreatedor -•
<br />=Y __-= �..z�_ •••��'•°- it is or may be direct or indirect, due or to become due, absolute or contingent. primary or secondary,
<br />.. �,..o.,,o.
<br />=' or unliquidated. or joint, several, or joint and several. all such debts, liabilities and obligations being herein
<br />referred to sometimes as the "Obligations'j: and i
<br />TWO: Performance and discharge of each and every obligation, covenant and agreement of Assignor
<br />contained herein or in any such mortgage or deed of trust or any note or bond secured thereby, or in any obligation or any
<br />securing document given in connection with any of the Obliigations secured hereby
<br />A. TO PROTECT THE SECURITY OF THIS ASSIGNMENT ASSIGNOR AGREES, WITH RESPECT TO EACH
<br />LEASE.
<br />1. To faithfully abide by. perform and discharge each and event obligation. covenant and agreement of the Lease
<br />by Lessor to be performed. to givepromPtnotfcetvtheAssigneeofanynoticeofdefaultonMepanot <AssignorwithresAec1 to
<br />the LemreoeivedfromLesspeorguawtor, togetherwithanaccurateandcompletecopyyofanysuchnoftwatthesolecost
<br />and expense of Assignor, •to enforce or secure the performance of each and every obligation. covenant condition and
<br />agreementof the Lease b0heLesseetobepertorme* nottomodifyorinanywayadterthewmsoftheLease nottoterminate
<br />the term of the Lease and not to accept a surrender ofthe rents thereunder or to waive. excuse. condone: ar in any manner
<br />release or discharge the Lessee thereunder from the obligations, covenants, conditions and agreements by- T* Lessee to be
<br />performed, including the obligation to pay the rental called for thereunder in the manner and at the place and time apecdfIed
<br />therein, and Assignor dpes by these presents expressly release, relinquish and surrender unto the Assignee all Ass4WIs
<br />right powerandautho WmOdifyorinanywayaftexdtetermsorprovisionsoftheLoamortoterminatethettermoraccepta
<br />surrender thereof, and any attempt on the part of the Assignor to exercise any such right without the• wrillm. authority and
<br />consent of the Assignee thereto being first had and abtamed shall constitute a Default of the terms iiweof. as defined
<br />hereinafter, entitling the Assignee to declare all sums secured hereby immediately due and payable.
<br />2 At Assignor's sole cost and expense to appear in and defend any action or proceeding arising under. growing
<br />atlt. at or in any mannerpannected with the Lease or the obligations, duties or liabilities of Lessor. Lessee or guarantor
<br />tiTemunder, and to pay affi costs and expenses of 0.1e Assignee, including attorney's fees in a reasonable sum, in any such
<br />;t;ifmn Qr oraceeding 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 Assignee, but
<br />without obligation so to do and without notice to or demand on Assignor. and without releasing Assignor from any obligation
<br />hereof, may make or do the same in such manner and to such extent as the Assignee may deem necessary to protect the
<br />security hereof, including specifically, without limiting Its general powers, the right to appear in and defend any action or
<br />proceeding purporting to affectthe security hereafer the rights or powers of theAssignee,and alsothe rightbut notthedutyto
<br />perform and discharge each and every obligation, covenant and agreement of Lessor in the Lease contained-, and in
<br />exercising any such powers to pay necessary costs and expenses, employ counsel and incur and pay reasonable attorney's
<br />fees.
<br />4. To pay Immediately upon demand all sumsexpended by theAssignee under theauthority hereof, together with
<br />interest thereon at the highest rate set forth in any of the Obligations secured hereby, and the same shall be added to the
<br />Obligations and shall be secured hereby and by the said mortgage or deed of trust
<br />5. That Assignor willnottransferorconveytotheLesseethefeetitletothedemisedPremises .oranypart thereof.
<br />unlessthe Lesseeassumes in writing and agreestopaythe debt secured hereby in accordance with theterms. covenants and
<br />conditions of the said note or bond secured by said mortgage or deed of trust
<br />, 41 14
<br />Al go. 106400
<br />ASSIGNMENT OF LEASES AND REWS
<br />THIS ASSIGNMENT, made thia 30th - - -- day of October _ 19 90 _
<br />Raymond J. O'Connor and Jennifer S. O'Connor, husband and wife____ --
<br />_ at or having an office at =22 S. Gunbarrel Road Grand Island. NE 68801
<br />FirsTier Bank. National /tssociatian, Omaha. Nebraska having
<br />- -° called "Assignor"), to r -
<br />pjfncipal office at Omaha' Nebraska (herein called "Assignee
<br />UTNESSETH. 5 `'
<br />FOR VALUE RF-Mv - VIED, Assignor hereby ,rants, transfers and assigns to tite Assignee all at-tile right title and
<br />li,ji,jaofAssIgnorinandWm. and all leasesandoiherilenanciesnoworheret fiaemade art or with respecl .Whe foal OM118
<br />in Halt (County, nebraska and, more Particularly described
<br />- ~Schedule A iwfeof, which 6W estate sihRrJI -W referred to hereinafter as " Premises ". i.nctudln%but not limited to tilat certain
<br />for# mm certain Leasif twithmodifif.�tlfons,if any, described in Schedule 8hemeof,coverf fhePrernises:togetiterwiftT
<br />any and all extensions or renew:ris ti rpseof, 2) any and all guarantees of the Lesee's OWiga 'Ors under any thereof and
<br />any and all extensions or renewals of any there g, and (3) all rents, Issues. profits, revenuee, deposits. earnest money
<br />=;w, rights and benefits now or herea�ttsr arising from such lease and tenancies or for th ®use and occupancy of the
<br />___ ,may and ail extensions and rcciewals thereof. Said leases and tenancies or other use othhe Premises together
<br />• .... and 'I qua
<br />rantees.modiflcations. extensions. andrenewatsthereofshallbesometlmeshereinafterreferredtoasthe
<br />a.ease or 'uses
<br />FOR THE PURPOSE OF SECURING: �7
<br />ONE, Payment and performance of each and every debt. liability and obligation of every type and description
<br />Assignor may now or anytime hereafter owe to Assigne% including. but not limited to, the IM- wness ObAysignor
<br />N N; by they certain njollgage or deed of trust made by the Assognor to the Assignee dated 18
<br />reocrdedortoberewidedalorpdorto the recordir,. gof this
<br />AasignmenLoranyothermoRgageadieed ®44rusthereafter
<br />- -. partof the Premises. (whether such debt liability. or obligation now exisborisheteafbrcreatedor -•
<br />=Y __-= �..z�_ •••��'•°- it is or may be direct or indirect, due or to become due, absolute or contingent. primary or secondary,
<br />.. �,..o.,,o.
<br />=' or unliquidated. or joint, several, or joint and several. all such debts, liabilities and obligations being herein
<br />referred to sometimes as the "Obligations'j: and i
<br />TWO: Performance and discharge of each and every obligation, covenant and agreement of Assignor
<br />contained herein or in any such mortgage or deed of trust or any note or bond secured thereby, or in any obligation or any
<br />securing document given in connection with any of the Obliigations secured hereby
<br />A. TO PROTECT THE SECURITY OF THIS ASSIGNMENT ASSIGNOR AGREES, WITH RESPECT TO EACH
<br />LEASE.
<br />1. To faithfully abide by. perform and discharge each and event obligation. covenant and agreement of the Lease
<br />by Lessor to be performed. to givepromPtnotfcetvtheAssigneeofanynoticeofdefaultonMepanot <AssignorwithresAec1 to
<br />the LemreoeivedfromLesspeorguawtor, togetherwithanaccurateandcompletecopyyofanysuchnoftwatthesolecost
<br />and expense of Assignor, •to enforce or secure the performance of each and every obligation. covenant condition and
<br />agreementof the Lease b0heLesseetobepertorme* nottomodifyorinanywayadterthewmsoftheLease nottoterminate
<br />the term of the Lease and not to accept a surrender ofthe rents thereunder or to waive. excuse. condone: ar in any manner
<br />release or discharge the Lessee thereunder from the obligations, covenants, conditions and agreements by- T* Lessee to be
<br />performed, including the obligation to pay the rental called for thereunder in the manner and at the place and time apecdfIed
<br />therein, and Assignor dpes by these presents expressly release, relinquish and surrender unto the Assignee all Ass4WIs
<br />right powerandautho WmOdifyorinanywayaftexdtetermsorprovisionsoftheLoamortoterminatethettermoraccepta
<br />surrender thereof, and any attempt on the part of the Assignor to exercise any such right without the• wrillm. authority and
<br />consent of the Assignee thereto being first had and abtamed shall constitute a Default of the terms iiweof. as defined
<br />hereinafter, entitling the Assignee to declare all sums secured hereby immediately due and payable.
<br />2 At Assignor's sole cost and expense to appear in and defend any action or proceeding arising under. growing
<br />atlt. at or in any mannerpannected with the Lease or the obligations, duties or liabilities of Lessor. Lessee or guarantor
<br />tiTemunder, and to pay affi costs and expenses of 0.1e Assignee, including attorney's fees in a reasonable sum, in any such
<br />;t;ifmn Qr oraceeding 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 Assignee, but
<br />without obligation so to do and without notice to or demand on Assignor. and without releasing Assignor from any obligation
<br />hereof, may make or do the same in such manner and to such extent as the Assignee may deem necessary to protect the
<br />security hereof, including specifically, without limiting Its general powers, the right to appear in and defend any action or
<br />proceeding purporting to affectthe security hereafer the rights or powers of theAssignee,and alsothe rightbut notthedutyto
<br />perform and discharge each and every obligation, covenant and agreement of Lessor in the Lease contained-, and in
<br />exercising any such powers to pay necessary costs and expenses, employ counsel and incur and pay reasonable attorney's
<br />fees.
<br />4. To pay Immediately upon demand all sumsexpended by theAssignee under theauthority hereof, together with
<br />interest thereon at the highest rate set forth in any of the Obligations secured hereby, and the same shall be added to the
<br />Obligations and shall be secured hereby and by the said mortgage or deed of trust
<br />5. That Assignor willnottransferorconveytotheLesseethefeetitletothedemisedPremises .oranypart thereof.
<br />unlessthe Lesseeassumes in writing and agreestopaythe debt secured hereby in accordance with theterms. covenants and
<br />conditions of the said note or bond secured by said mortgage or deed of trust
<br />, 41 14
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