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<br />.� 106724
<br />ASSIGNMENT OF LEASES AND RENTS 90
<br />23rd November-
<br />THIS ASSIGNMENT, made this — day of ! ,
<br />by Jerry L. Sheffield and Barbara N. Sheffield, husband and wife
<br />residing at or having an office at 376 North Walnut Grand Island _ NR fBaQ
<br />Tier
<br />Firs Bank, National Association, Omaha, Nebraska having
<br />(herein called "Assignor "), to
<br />its principal office at Omaha, Nebraska (herein called "Assignee "),
<br />WITNESSETH:
<br />FOR VALUE RECEIVED. Assignor hereby gram . transfers and assigns to the ASSI%Iee all of the right title and
<br />interest of Assignor in andto any and all leasesandother tenancies now or hereafter madeon orwith respecttothe real estate
<br />located in Hall county, Nebraska and more particularly described
<br />in Schedule A hereof, which real estateshall be reivrnedt a hereirrafteras "Premises', includi rrg, biftnizl! 111mited to that certain
<br />Lease orthesecertain Leases, with modification%if ; ,-ry, desc6bed In Schedule B hereof. coxes- cq," Re with
<br />(1) any and all extensions) or renewals thereof o f �d aX, gu-atrantees of the Lesee's oJbIJ90t ans� (arvier any thereof and
<br />under any and all exte rsi.ans or renewals of ang• tltirarrnw -I and (3) ail I rents, issues. profits. Few. e,1%1 G , dQPrio,4a earnest money
<br />payments, rights and berrriats now or hereafter wie7%g from such lease and to-wa rcies or for •IRe uw � cupancy of the
<br />Premises, and any and aJ,l extensions and renewal hereof. Said leases and awmancles or Other use oCftaa rises together
<br />with anyand all guarantees, modificationse? densions. and renewalsthereofs ioafbesom#tm.vshereina(f i7cetermdtossthe
<br />..Lease" or "Leases
<br />FOR THE PURPOSE OF SECURING:
<br />ONE: Payment and performance d ea vt and faxed debt liability and obligation of every type and desception
<br />which Assignor may now or anytime hereafter o" U Assignee, including, but not limited to, the indebtedness of AS09nor
<br />secured by that certain mortgage or deed of trust riaade by t-iveA -mgnor to the Assignee. dated 11 -21- ,19 QQ,
<br />and recorded orto be recorded at or prior lathe re=d ing of", htsAssVnment, orany othei•matgage or deed of trust hereafter
<br />covering the whole or any part of the premises, (xtrheC,er suer dM liability, om Qbligation now exists or is hereafter created or
<br />incurred and whether It is or may be direct or indi0e(W i due or to L>ecome due, absolute or coritingentp -remary or secondary,
<br />liquidated or unliquidated. or joint several, or joint and sever; all such debts, liabilities wd ofrrAget- ons being herein
<br />collectively referred to sometimes as stlte "Obligations'J; and
<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 wy obligation or any
<br />securing document giver, ire connecfflon with any of the Obligations 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 every obligation, rampant and agreement of the Lease
<br />by Lessorto be performed ngive prompt notice to the Assignee of any notice of default on the part of Assignorwith respectto
<br />the Lease received from Lesmargjarantor, together with an accurate and complete copy of any such notice; at the sale cost
<br />and expense of Assignor, 0 enoome or secure the performance of each and every obligation, covenant conditem.. and
<br />agreementofthe Lease a tyre Le�swato be performed: notto modifyor in anyway altertheterms of the Lease; nottowminate
<br />the term of the Lease and not to accept a surrender of the rents thereunder or to waive, excuse, condone or in any manner
<br />release or discharge the )Lessee thereunder from the obligations. covenants, conditions and agreements by the Lessee to be
<br />performed, including the obligation to pay the rental called for thereunder in the manner and at the place and time specified
<br />therein, and Assignor does by these presents expressly release, relinquish and surrender unto the Assignee all Assignor's
<br />right power and authorityto modify or in any way alter the termsor provisions of the Lease, or toterminatethe term oraccepta
<br />surrender tltrereof, and any attempt on the part of the Assignor to exercise any such right without the written authority and
<br />consent di the Assignee thereto being first had and obtained shalt constitute a Default of the terms hereof. as defined
<br />hereinafter, enticing the Assignee to declare all warns 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 />out of or n. any manner connected with the Lease or the obligations, duties or liabilities of Lessor. Lessee or guarantor
<br />thereunder, and to pay all costs and expenses of the Assignee, including attorney's fees in a reasonable sum, in any such
<br />action or proceeding in which the Assignee may appear.
<br />3. That should Assignor fail to make any payment or to do any act as herein provided, dnen the Assignee, but
<br />without ctrl igation so to do and wrti mgt rtat ice Wa cr demand on Assignor, and without rdesi ing Assignorfrom any obligation
<br />hereof, may make or do the same, err such marmt r g rad to such extent as the Assignee may deem necessary to protect the
<br />security hereof, including specifffAly:.. withc4K 11mi9fni; its general powers, the right to appear in and defend any action or
<br />proceeding purporting to &Iedutyto
<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 payi rrecessary costs and expenses, employ counsel and incur and pay reasonable attorney's
<br />fees.
<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 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 will not transferr or rarivey to the Lessee the fee title to the dern ised Premises, or any part thereof,
<br />unless the Lessee assumes in writing and agreesin-nay the 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 />11. 6/I, . -
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