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<br />ASSIGNMiENTO LEASES AND RENTS 194998
<br />THIS ASSIGNMENT. made flan 14th day of September ig 89
<br />by Venneth E. Clark and Phyllis A -. Mark, husband b wife
<br />residing at or having an office at 107 West .4th � Grand Island, NE 68801
<br />(herein called ..Assignor'), to FirsTier BanIt,. National Association, Omaha. NE having
<br />its principal office at Omaha, Nebraska (herein. called "Assignee").
<br />WYTNESSETH-.
<br />Ft R VALUE RECEIVED. Assignor hereby grants, transfers and assigr,,.stathe Assignee all of the right, title
<br />and interest of Assignor in and to any and aU Iosses and other tenancies now or hereafter made on or with respect to the real
<br />estate located in Ball County, 1141irask–a and more particularly described
<br />isS* eduleAhereof; which real estate shall' bbreferred6:rereiinafteras "Premisee including, butnotlimitedtothatoerfaia
<br />I cmthose certain Leases, with madifica ores, if aa„v, eacsibedin Schedule B hereof, covering the Premises; togetherwith,
<br />(1) 64v and all extensions orrenewala th re6f, (2) amr.ii d all guarantees of the Lessee's obligations under any thereof and .
<br />undw 'any and all extensions or renewals otany them:& and (3) all rents, issues, profits, revenues. deposits, earnest asm g
<br />payme�tta, rights and benefits now or homafter aa�.,�,�f2ratara^.h lease and tenancies. ar for the use and ooeugax�,�•: of the
<br />Pr+elaieiee; a +t.,rl orgy and alI extensions and eras t�r���iE: �trr3 lessee end tenancies mz'ather use of the Pnn wc9gethes
<br />with any att$ oI%g?aa�rantees, modif�catioua. esteneiaaa., c,- �:�,ewals thereof shall be sanretimes hereinaftesreferred to as We
<br />FOR THE PURPOSE OF,SECURIl\G:
<br />Y� Payment and-performance of each and every debt, liability and ob4F&don of every type anddfacription
<br />whidc Aasigaas "mag now. oa angtfine hereafter owe to Assignee, including, but not li=ked to the indebtedness f Assignor
<br />secus"d by that min- mortgage or deed of trust ma'r'e by the Assignor to the Assictr" dated __September ?4-
<br />and recorded or to be recorded atorprior to the recording of this Assignment, Re any other mortgage or deed of trust hereafter
<br />covering the whale or any part of the Prem�sw, (whether such debt, liability. or obligatic -n; uow exists oris hereaitercreated or
<br />incurred and whether it is or may be direct or indirect, due or to become due, absolute orcontingent, primary or secondary,
<br />liquidated or unliquidated, or joint, several, or joint and several, all such debts, liabilities and obligations being herein collee-
<br />tively referred to sometimes as the "Obligations"); and
<br />TWO: Performance and discharge of each and every obligation, covenant and agreementofAssigwrcontained
<br />herein or in any such mortgage or deed of trust or any note or bond secured thereby, or in any obligation or i y securing
<br />document given in connection with any of the Obli8ations secured hereby.
<br />A. TO PROTECT THE SECURITY OP711HIS ASSIGNMENT ASSIGNOR AGREES, WITH RESPECT
<br />TO EACH LEASE:
<br />1. To faithfully abide by, perform and discharge each and every obligation, cvrenant and agreement of the Lease
<br />by T..~r to be performed, to give prompt notice to C-w Assignee of any notice of default on the partaf Assignor with respeetto
<br />the Lgue received from Lessee or guarantor, together with an accurate and complete copy of any stuw.ls notice; at the sole cost
<br />and expense ofAssignor, to enforce or secure the perf; —once ofeach and every obligation, covenant,=ndition and agreement
<br />of the Lease by ee Lessee to be performed; not to modify or in ar.,y way alter the terms of the Lease, not to terminate the term of
<br />the Lease and cct 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, ronvenants, conditions and agreements by the Lessee to be performed,
<br />including the obligation to pay the rental called for dwreunder in the manner and at the place and time specified therein, and
<br />Assignor does by these presents expressly release, relinquish and surrender umto the Assignee all Assignor's right, power and
<br />aat�ority to modify or in any way alter the terms or provisions of the Lease, or to terminate the term or accept a surrenderthere-
<br />of, and any attempt on the part of the Assignor to excercise any such right without the written authority and consent of the
<br />Assignee thereto being first had and obt a zed shall constitute a Default of the terms hereof. as defined hereina tee, entitling
<br />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 ariaing under, growing out
<br />of orin any mannerconnected with the Lease ortheobligations, dutiesorliabilities ofLessor, lesseeorguarantorthereunder.
<br />and to pay all costs and expenses of the Assignee, including attOrney's fees in a reasonable sum, in any such action of 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 Assaignee, 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 ordothe same in such manner and to such extent as the Assignee may deem necessary to protect the security
<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 />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 costs and expenses, employ counsel and incur and pay reasonable attorney's fees.
<br />4. To pay immediately upon demand all bums 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 same shall be added to the Obli-
<br />gations and shall be secured hereby and by the said inartgage or deed of trust.
<br />5. That Assignor will not transfer orconvey to the Lessee the fee title to the demised PreWoee, or any part thereof,
<br />unless the Lessee assumes in writing and agrees to pay the debt secured hereby in accordance with theterms, convenanta and
<br />conditions of the said note or bond secured by said,inorlgage or deed of trust.
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