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a 0111 111[ ASSIGNMENT OF LEASES AND REN s 90--- 107184 "+r .ri.. THIS ASSIGNMENT, made this 14th day of December 19 90 b �_ Dan L. Hauouler and Alicia M. flaussler, husband and Wife °:.- '1��9 MF y - rewding at or having an office at 2021 Faidley Avenue Grand Taland, NE 68803 (herein called "Assignor"). to Firsller Bank, National Association, Omaha, Nebraska having Its principal office at Omaha, Nebraska (herein called "Assignee "). WITNESSETH: FOR VALUE RECEIVED, Assignor hereby grants, transfers and assigns to the Assignee all of the right, title and irderestof Assignor inandto any and all lessesandothertsnanciesnow, or hereaftermade on or with respect tothe real estate located in Hall County, Nebraska and more particularly described in ScheduleA hereof, which real estate shalt be referredto hereinafteras "Premises ". including, but rat limited tothat certain Lease or those certain Leases, with modifications. If any, described in Schedule B hereof, covering the Premises; together with (1) any and all extensions or renewals thereof, (2) any and all guarantees of the Lesee's obligations under any thereof and under any and all extensions or renewals of any thereof. and (3) all rents, issues, profits, revenues, deposits. earnest money payments, rights and benefits now or hereafter arising from such lease and tenancies or for the use and occupancy of the Premises, and any and all extensions and renewals thereof. Said leases and tenancies or other use of the Premises together with any and all guarantees, modifications, extensions, and renewals thereof shall be sometimes hereinafter referred to as the "Lease' or "Leases'; FOR THE PURPOSE OF SECURING: ONE: Payment and performance of each and every debt, liability and obligation of every type and description which Assignor may now or anytime hereafter owe to Assignee, Including, but not limited to, the indebtedness of Assignor secured by that certain mortgage or deed of trust made by the Assognor to the Assignee dated 12 -14 , 19 20_ , and recorded ^yte be recorded at or prior to the recording of this Assignment, or any other mortgage or deed of trust hereafter covering the ws' oleoranypedofthe Premises, (whether such debt, liability, or obligation now eiasts or is hereafter creat%W Of incurred and whether i1 is or maybe direr.: or indirect, due or to become due, absolute or contingent primary or secondan, • liquidated or unlicluidated, or joint, several, or joint and several, all such debts, liabilities and obligations being herein collectively referred to sometimes as the "Obligations'1; and TWO: Performance and discharge of each and every obligation, covenant and agreement of Assignor contained herein or In any such mortgage or deed of trust or any rote or bond secured thereby, or In any obligation or any securing document given in connection with any of the Obligations secured hereby. A. TO PROTECT THE SECURITY OF THIS ASS1G1VMZWT ASSIGNOR AGREES, WITH RESPECT TO EACH LEASE: 1. To faithfully abide by, perform and discharge each and every obligation, covenant and agreement of the Lease b� Lessor to be performed, to give prompt notice to theAssignee of any notice of defaulton the part of Assignor with respect to the Lease received from Lessee or guarantor,together with an accurateand complete copy of any such novice; at the sole cost anri expense of Assignor, to enforce or secure the performance of each and every obligation, covenant, condition and agreement ol'the Lease b the Lessee to be performed; not to modify or in anyway alter the terms of the Lease;nottoterminate the term of the Lease and not to accept a surrender of the rents thereunder or to waive, excuse, condone or In any manner release or discharge the Lessee thereunder from the obligations, covenants, conditions and agreements by the Lessee to be performed, including the obligation to pay the rental called for thereunder in the manner and at the place and time specified therein, and Assignor does by these presents expressly release, relinquish and surrender unto the Assignee all Assignor's right, power and authority to modify or in any way alter the terms or provisions of the Lease, orb terminate theterm or accept a surrender thereof, and any attempt on the part of the Assignor to exercise any such right without the written authority and consent of the Assignee thereto being first had and obtained shall constitute a Default of the terms hereof, as de'lined hereinafter, entitling the Assignee to declare all sums secured hereby immediately due and payable. 2. At Assignor's sole cost and expense to appear in and defend any action or proceeding arising under, growing out of or in any manner connected with the Lease or the obligations, duties or liabilities of Lessor. Lessee or guarantor thereunder, and to pay all costs and expenses of the Assignee, including attorney's fees in a reasonable sum, in any such action or proceeding in which the Assignee may appear. 3. That should Assignor fad to make any payment or to do any act as herein provided, then the Assignee, but without obligation so to do and without notice to or demand on Assignor, and without releasing Assignor from any obligation hereof, may make or do the same in such manner and to such extent as the Assignee may deem necessary to protect the security hereof, including specifically, without limiting its general powers, the right to appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of the Assignee, and also the right but not the duty to perform and discharge each and every obligation, covenant and agreement of Lessor in the Lease contained: and in exercising any such powers to pay necessary costs and expenses, employ counsel and incur and pay reasonable attorney's .wo. 4. To pay immediately upon demand all sums expended by the Assignee under the authority hereof, together with interest thereon at the highest rate set forth in any of the Obligations secured hereby. and the same shall be added to the Obligations and shall be secured hereby and by the said mortgage or deed of trust. 5. That Assignor will not transfer or convey to the Lessee the fee title to the demised Premises. or any pact thereof, unless the Lesseeassumes in writing and agrees to pay the debt secured hereby in accordance with the terms. coverants and conditions of the said rase or bond secured by said mortgage or deed of trust. jf�rMi r �'�� .l��r }�.�•f�9'. /� ,�`r�1,•t.,'•' `(• T�iC: '� .,(liY �4i�J �'t _ 1'�' J`,,• r '. "..4," .�."t � si,�,�y,�',.. ark•. 1' _... _ a 0111 111[ ASSIGNMENT OF LEASES AND REN s 90--- 107184 "+r .ri.. THIS ASSIGNMENT, made this 14th day of December 19 90 b �_ Dan L. Hauouler and Alicia M. flaussler, husband and Wife °:.- '1��9 MF y - rewding at or having an office at 2021 Faidley Avenue Grand Taland, NE 68803 (herein called "Assignor"). to Firsller Bank, National Association, Omaha, Nebraska having Its principal office at Omaha, Nebraska (herein called "Assignee "). WITNESSETH: FOR VALUE RECEIVED, Assignor hereby grants, transfers and assigns to the Assignee all of the right, title and irderestof Assignor inandto any and all lessesandothertsnanciesnow, or hereaftermade on or with respect tothe real estate located in Hall County, Nebraska and more particularly described in ScheduleA hereof, which real estate shalt be referredto hereinafteras "Premises ". including, but rat limited tothat certain Lease or those certain Leases, with modifications. If any, described in Schedule B hereof, covering the Premises; together with (1) any and all extensions or renewals thereof, (2) any and all guarantees of the Lesee's obligations under any thereof and under any and all extensions or renewals of any thereof. and (3) all rents, issues, profits, revenues, deposits. earnest money payments, rights and benefits now or hereafter arising from such lease and tenancies or for the use and occupancy of the Premises, and any and all extensions and renewals thereof. Said leases and tenancies or other use of the Premises together with any and all guarantees, modifications, extensions, and renewals thereof shall be sometimes hereinafter referred to as the "Lease' or "Leases'; FOR THE PURPOSE OF SECURING: ONE: Payment and performance of each and every debt, liability and obligation of every type and description which Assignor may now or anytime hereafter owe to Assignee, Including, but not limited to, the indebtedness of Assignor secured by that certain mortgage or deed of trust made by the Assognor to the Assignee dated 12 -14 , 19 20_ , and recorded ^yte be recorded at or prior to the recording of this Assignment, or any other mortgage or deed of trust hereafter covering the ws' oleoranypedofthe Premises, (whether such debt, liability, or obligation now eiasts or is hereafter creat%W Of incurred and whether i1 is or maybe direr.: or indirect, due or to become due, absolute or contingent primary or secondan, • liquidated or unlicluidated, or joint, several, or joint and several, all such debts, liabilities and obligations being herein collectively referred to sometimes as the "Obligations'1; and TWO: Performance and discharge of each and every obligation, covenant and agreement of Assignor contained herein or In any such mortgage or deed of trust or any rote or bond secured thereby, or In any obligation or any securing document given in connection with any of the Obligations secured hereby. A. TO PROTECT THE SECURITY OF THIS ASS1G1VMZWT ASSIGNOR AGREES, WITH RESPECT TO EACH LEASE: 1. To faithfully abide by, perform and discharge each and every obligation, covenant and agreement of the Lease b� Lessor to be performed, to give prompt notice to theAssignee of any notice of defaulton the part of Assignor with respect to the Lease received from Lessee or guarantor,together with an accurateand complete copy of any such novice; at the sole cost anri expense of Assignor, to enforce or secure the performance of each and every obligation, covenant, condition and agreement ol'the Lease b the Lessee to be performed; not to modify or in anyway alter the terms of the Lease;nottoterminate the term of the Lease and not to accept a surrender of the rents thereunder or to waive, excuse, condone or In any manner release or discharge the Lessee thereunder from the obligations, covenants, conditions and agreements by the Lessee to be performed, including the obligation to pay the rental called for thereunder in the manner and at the place and time specified therein, and Assignor does by these presents expressly release, relinquish and surrender unto the Assignee all Assignor's right, power and authority to modify or in any way alter the terms or provisions of the Lease, orb terminate theterm or accept a surrender thereof, and any attempt on the part of the Assignor to exercise any such right without the written authority and consent of the Assignee thereto being first had and obtained shall constitute a Default of the terms hereof, as de'lined hereinafter, entitling the Assignee to declare all sums secured hereby immediately due and payable. 2. At Assignor's sole cost and expense to appear in and defend any action or proceeding arising under, growing out of or in any manner connected with the Lease or the obligations, duties or liabilities of Lessor. Lessee or guarantor thereunder, and to pay all costs and expenses of the Assignee, including attorney's fees in a reasonable sum, in any such action or proceeding in which the Assignee may appear. 3. That should Assignor fad to make any payment or to do any act as herein provided, then the Assignee, but without obligation so to do and without notice to or demand on Assignor, and without releasing Assignor from any obligation hereof, may make or do the same in such manner and to such extent as the Assignee may deem necessary to protect the security hereof, including specifically, without limiting its general powers, the right to appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of the Assignee, and also the right but not the duty to perform and discharge each and every obligation, covenant and agreement of Lessor in the Lease contained: and in exercising any such powers to pay necessary costs and expenses, employ counsel and incur and pay reasonable attorney's .wo. 4. To pay immediately upon demand all sums expended by the Assignee under the authority hereof, together with interest thereon at the highest rate set forth in any of the Obligations secured hereby. and the same shall be added to the Obligations and shall be secured hereby and by the said mortgage or deed of trust. 5. That Assignor will not transfer or convey to the Lessee the fee title to the demised Premises. or any pact thereof, unless the Lesseeassumes in writing and agrees to pay the debt secured hereby in accordance with the terms. coverants and conditions of the said rase or bond secured by said mortgage or deed of trust.