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1 <br />ASSIGNMENT OF LEASES AND RENTS <br />71118 A88LGWENT, made this 28th ,fay of'. September 19±9' <br />r Daniel Liebsack and Betty N. Liebsack, husband and wife <br />residing at de having an office at 1212 West Koenin Grand Island, NE 68801 <br />(mss calld " ►� to PiyeTier Bank. ff" ;Wnal Associat ion. Omaha NE h <br />itspeisoild oom at Omaha, Nebraska (harm called "Aswgnee'i. <br />w iTNFMSZTH: ` <br />FOB VALUE RECEIVED Asipnorh :... ` Aranta.umdemand- -*w wmtotbsAmdgz &Uafther*Ktide <br />and inteewt of AsagtvQC is aced to any quail lelgar.mistw►aneias now or 51teP3ter made oa or wish respect to tlitEril <br />estate located in dell County, Neba nd aska; : ; ; ': a mace pirticala#ly dasexibsd <br />in8dedakAheisof. which rWestate *hall bevilerndt(o3 inatbras "Prsmisa ' #aclsdins.butnotlami0 --20 atcertain <br />Lsew er those awls= Leases. with medisaatiow if any, t 'bad in &>sedaleBl fy oov+eeingthePrwq togetherww <br />(1) any nand an edsesdow or rwwwaL tbereot, Ti any and ill yaarantsee of this guessers obli l is aoiiue�iusy tbeeeotand <br />under any and all esctmsions or renewals of any thereof. and (3) all rents. issues, profits, reveirtues, deposits, earasst mossy , <br />MMients, rights and benefits now or hereafter ariainw from such lease and tenancies or for the ass aced oocapancy of the <br />Premises, and any and all extensions and renewab thereof. Said leases and tenancies or other use of the Promises together <br />with aniy crag all paarantess, modifications, eztmions. and renewals thereof shall betnomedmes�erredto w the <br />Iasse or ?mass", <br />FOR THE PURPOSE OF SECURING: : <br />ONE: Paymentsrdperformanceofeachandever ydebt, liabilitya�yliibligadonofeverytieanddescription <br />which Assignor may now or anytime hereafter owe to Assignee, including, but nmt* sited to. in f r <br />secured by that certain mortgage or deed of trust made by the Assignor to the AWgnee datedeptem *� ,19� <br />and rsoorded or to be recorded at or prior to the recording of this Assignment, or anyoiher mortgage-or deed of trust hereafter <br />covering the whole or any part of the Premises. (whether such debt. liability, or obligation now exists oris hereaftercreatd or <br />incurred and whether it is or maybe direct or indirect, due or to become due. absolute or contingent, primary or secondary, <br />liquidated or unligaideted. or joint. several, or joint and severa), 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 andevery obl igation. covenantandagreementofAssignoreontained <br />herein or in any each mortgage or deed of trust or any note or bond secured thereby, or in any obligation or any securing <br />docamenseven in connection wMisay of the Obligatioets mctrsd hereby. <br />A. TO Piitt wr THE SECURITY OF THis ASAIGN1iIENT AniGNOR AGREES. WITH RESPECT <br />TO EACH LEASE: <br />1. To faithfully abide by. perform and dischargr oach and every oblio0 n. covenant and agreement of the Law <br />by Lmw*be performed, to give prompt notice to the Assirnesof any notice ofdldaultonthepartofAseignorwithm9wito <br />the Lease tocoved from Lases or guarantor. together with an soc uraoe and cm copy of any such notice. at thesels cost <br />..quadaspeoseofAa signor. to enforce orescum6w performanceofeachm4 evsryobligation ,covenant,conditionacedagreeasrst <br />of the Iwaes by the Lasses to be performed; notto modib orin any wa�WALrtheterms of the Lease; nottotwminste dwterm of <br />the Lure and not to accept a surrender of the rents thersomdw or to waive, exeua% condone or in any manner, relaw or die - <br />dmwp the Lessee thereunder hom the obligations, cony otnts, conditions anal, RiTmesnents by the Iwsese to be performed. <br />indeadiog the obligatiwnto pay the rental called for theregt dwin the manner and ai the place and time specified therein, and <br />'Aseignortoes bytheet.pewento sly release, relinquish and surmder unto theAssignse all As ignWoright,powerand <br />asthority tomo ft o�ti.:t any w*i alterthe terms or provisions of ihel eau , or to terminate the term or accept a eurreadseth <br />-of. and any attempt on the part of the Assignor to excereise any such eight without the written authority and consent of tile. <br />Aseignse,thwete being first had and obtained shall constitute a Default of the terau hereof. as defined hsminafter, entidire <br />the AaWSm to declare all *anal awrsxred hereby immediately due and payable. <br />2. At Aedgnor'a sole cost and expense to appearin and defend any action or proceeding arising under, growingaut <br />of orin soy manaw connected with the lmseortheobligat6aKSS,dutaexur liabilities of lessor. Lesseeorguarantorthereander, <br />sad to pay all costs and easpeenses of the Assignee, including ammey?s fees in areasonable sum, to any such action or proceed• <br />no is which the Aseigoa may appear. <br />3. That should Assignor fail to make any payment or to vita any act as herein provided, then the Assignee. but <br />witboist Obligation so to do and without notice to or demand on Assigner, and without releasing Assignorfram any obligation <br />bes!sof;way makeor dothe same in such mannerandto such extent ae the Assignee may deem neemearytoprotectthesecurity <br />bweet: i+adssliag specifically. without limiting its general powers. the right to appear in and defend any action or proceeding <br />psnepsetisg to offal the security hereof or the rights or powers of the Assignee, and also the right but not the duty to perform <br />astd discharge sub and every obligation, covenant and went of Lessor in the Lease contained. and in exercising any <br />each powers to pay uscoa y costa and expenses, employ counsel and incur and pay reasonable atiarney's fees. <br />4, To pay issaeediately upon demand all same expended by the Assignee under the authority hereof, together with <br />L intareet thereon at the highest rate sat forth in any of the Obligations escured hereby, and the same shall be added to the 0bli- <br />gatione and shall be secured hereby and by the said mortgage or deed of trust <br />S. That Aerignor will not transfer or convey to the Lessee the fee title to the demised Premises, or any part thereof, <br />■nine the Lases assumes in writing and agrees to pay the debt secured hereby in accordance with the terms. convenants quad <br />conditions of the said note or bond secured by said mortgage or deed of trust. <br />ter!' <br />.x. <br />A <br />.a+ <br />r- <br />J <br />