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89-- 105525
<br />ASSIGNMENT OF LEASES AND RENTS
<br />THIS ASSIGNMEhI'T' made this 6th as of October iS•. 89
<br />Y
<br />TAT �s ava�nntl T,_[ t[`n»nnr and__ em er S- O tCnnnor. husband and wife — --
<br />rattling at of having an office at 422 South Gun Harrel. Road � Grand Island, NE 68801__ .
<br />(basin calld "Aasignorl, to- FirsTier Hank, National Association, Omahae NE y.at
<br />des p Wo@d oMce at Omaha, Noblaata (henln called "Assignee
<br />Res i NXS@zi iii .
<br />FORMALURRECEIVBD A signmhenbygrants, tmxupfaaandauigastoWeAssigneealloftfisrig :xc,dtx ....:
<br />and inWa t of .AsApor in anA to any► and all lasses and other tenancies now or hereafter made on or with respect .to t de: r.ri�.
<br />has
<br />idhittida_ }.. �.1zYas te.particalaftl #`
<br />`` . p 'which#etd pit le. redexte�%tc ins" Penises,,, ? '=tb itedtotWri1 �_ - "'
<br />I�iewri�k aacbf 3r' �,ee,esgw to 4,ii=no r, ?�edCalii6c.hpdtrle t5eeeoiiaiYets it l sieer60
<br />aI!` erbemans ot.nicMr tAol;� (2) ate +tiltire�ersee'a'obiia w�ttir any tires soul '
<br />unxler any and sett itr.i sai�agal•iny thereat and (3) �idit xaran; si riia ►`grafts. reef uir,.dte usita, earniet ri t ty
<br />psynsents, rightta benelstta raw► x b".W.Aftei arising hom auc
<br />Premises. and any and all extensions and renewals thereat Said
<br />with any and all guarantees. modifications, extensions, and rener
<br />"lease►• or "Leases
<br />FOR THE PURPOSE OF SECURING:
<br />mum of for the use 'and occupaggy of the
<br />rides or ather use of the Premises together
<br />I be sometimes hereinafter referred to as the
<br />ONE: Payment and performance of each and every debt, liability and obligation of every type and description
<br />which Assigner may now or anytime bersafter owe to Assigaes, including, but not limited to, tl�iidtbtedn�ee of Assignor
<br />second by that csetmin mortgage or deed of groat made by the Assignor to the Aaignss dated c o er
<br />and tteoordd onto bet+soordsd at or primtothes a ding of this Asdgnmsnk or emy otkermortgage or deed ofbmthenaltw
<br />covering the whole or any part of the Promisee, (whether such debt, liability, or obligation now axista oris hereeftorcreated or
<br />incurred and whether it is or may be direct or indirect6 due or to become due, absolute or contingent, primary or secondary .
<br />liquidated or unliquidated, or joint, several, or joint and several. all such debts, liabilities and obligations being herein collec•
<br />dvdy referred to sometimes as the "Obligations "), and
<br />TWO: Perfonnanee and discharge of each and every obligation, covenant and agreement of Assignor contained
<br />herein or in any such mortgage or deed of trust or any note or bond secured thereby, or in any obligation or any securing
<br />document given in.ammedion with any of the Obligations sac ind hosby. . .
<br />A. TO PROTECT THE SECURITY OF TAUS ASSIGNMENT ASSIGNOR AGREES, WITH RESPECT
<br />TO EACH LEASE:
<br />1. To faithfully abide by. perform and discharge each and every obligation, cox errant and agreement of the Lease
<br />by Lmon to be pedoreeed. to Qve prompt notice to the Assignee of any notiot'nf dofault on tike part cf.Assignorwith respect to
<br />the Lomas received f von Dosses or guarantor. together with an accurate and complete cagy of any such notice; at the sole coat
<br />i
<br />and expeeseofAmeignoe. toeeforceorsecurethepedor maneeofeachandeveryobligation cnvenant,coadition and agreement
<br />of the Lease by the Leaw to be performed; not to modify or in anyway alterthe terms of the Lease; nottoterminste the term of
<br />0- Iwmme and not to adapt a surrender of the rents thereunder or to waive, excuse, condone or in any manner release or dis•
<br />chugs the Ieesse thereunder from the obligations, convonants. conditions and agreements by the Lessee to be performed,
<br />including the obligation to pay the rental called for thereunder in the manner and at the place and time spvdfhed therein, and
<br />Assignor does by theme presents expressly release, relinquish and surrender unto the Assignee all Assignor's right, power and
<br />authority to modify or in anyway alter the terms or provisions of the l ease, or to terminate the term or accepts enerenderthera
<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 tho:aW being first had and obtained shall constitute a Default of the terms hereof, as defined hereinsfter. entitling
<br />the Assignee to declare all sums secured hereby immediately due and payable.
<br />2. At Assignor's sole oat and expense to appear in and defend any action or proceeding arising under, growing out
<br />of or in any manner connected with the Lease ortheobligations,duties or liabilities of Lessor, Lessee or guarantorthereunder,
<br />and to pay all costa aid expenses of the Assignee. including attorney's fees in a reasonable sum, in any such action or proceed•
<br />ing in which ths, Assiphse 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 makeordothesamein such mannerandtosuchextentsetboAssignsemay doom necesaarytoproteetthesecurity
<br />has4 including specifically. without limiting its general powers, the right to appear in and defend any action or proceeding.
<br />patlhardag to affict the mewity hereof or the rights or powers of the Assignes, and also the right but not the duty to perform
<br />and Awetirge each arA env obligation, covenant and agreement of Lessor in the Lesse contained; and in exercising any
<br />sQr.`h w*ors t;. pay necvoory' coats and expenses, employ counset and inmr *nd pay reasonable attorney's fees,
<br />d. To pay immaWskely upon demand all vam,expe"ad by the Asvikmee under the authority hereof, bWe her vri th
<br />L irtkrat thereon at the h4Awrsdsate set forth in any ailthe Obligations somrod hereby, and the same be added to the Obli-
<br />gations and shall be seewix t hereby and by the sad' mortgagee der deed of tinet.
<br />6 That Assignor will not transfer or convey to the lessee the fee title to the demised Premises, or any part thereof,
<br />unless the Lessee assumes in writing and agrees to pay the debt secured hereby in accordance with theterms, convenants and
<br />conditions of the said note or bond secured by said mortgage or deed of trust.
<br />IF
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