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<br /> _�_� Assignmen ts Of L eases
<br /> �Wt�BANKS And Rents
<br /> !!��� (Nebraska)
<br /> This Assignment is made this Novembe r G..Z r� Q Q g , between
<br /> Youna Women' s Christian Association of Grand Island Nebraska
<br /> Ithe "Assignor"), a(nl Non-Profit CoY'poration and
<br /> Norwest Bank Nebraska, National Association
<br /> lthe "Assignee"1, a national banking association.
<br /> � The Assignor has executed and delive�ed to the Assignee iis p�omissory note dated November in the original
<br /> principal amount of S 5 0 0 0 0 0.0 0 __and any extensions, renewals or modifications thereof(the "Note"/.
<br /> � The Assignor has executed and delivered to the Assignee its guaranty dated in favor of the Assignee for
<br /> rhe benefit of
<br /> lthe "Borrowe�"1 in the amount of S and any replacemenis o�substitutions thereof(the "Guaranty"J.
<br /> To secure payment of the obligation described above (the "Obligation"), the Assignor has executed and delivered to the Assignee a
<br /> deed of t�ust("Deed of Trust"1 dated November , covering certain p�operty("Trust Property"J including, among other things,
<br /> the real estate described in the attached Exhibit A and the buildings, improvements, fixtures and personal property now or in the future
<br /> located fhereon.
<br /> The Assignee has required the execution of this Assignment as a condition to making or accepting the Obligation.
<br /> ACCORDINGLY, in consideration of the premises and other good and valuable conside�ation, the Assignor does hereby grant, transfer
<br /> and assign to the Assignee a//of the Assignor's right, tit/e and interest in and to (i)any and a//present or future/eases or tenancies, whether
<br /> written or oral, covering or affecting any or all of the Trust Propeity, together with any and all extensions, modifications and�enewals the�eof
<br /> leach, a "Lease"and collectively, the "Leases"1, and(ii)all rents,profits and oiher income or payments of any kind due or payable or to
<br /> become due or payable to the Assignor as the�esult of any use,possession or occupancy of all or any portion of the Trust Property or as the
<br /> result of the use of or lease of any personal p�operty constituting a pa�t of the Trust Property, whether accruing befo�e or after fo�eclosure of
<br /> the Deed of Trust or during the period of redemption thereof("Rents"l, all for the purpose of securing (a)payment of all indebtedness
<br /> evidenced by the Obligation and all other sums secured by the Deed of Trust;and(bJ performance and discharge of each and every
<br /> obligation, covenant and agreement of the Assignor contained herein and in the Deed of T�ust.
<br /> The Assignor warrants and covenants that Assignor is and will remain the absolute owner of the Rents and Leases free and c%ar of all
<br /> liens and encumbrances other than the lien g�anted herein, that Assignor has not previously assigned or otherwise encumbered the
<br /> Assignor's interest in any of the Rents o�Leases to any other person; that Assignor has the right under applicable law, under the Leases and
<br /> otherwise to execuie and deliver ihis Assignment and to keep and perform all obligations hereunder;and ihat Assignor will wa�rant and
<br /> defend the Leases and Rents against all adverse claims, whether now existing or later arising.
<br /> The Assignor further covenants and agrees as follows:
<br /> 1. PERFORMANCE OF LEASES. The Assignor will faithfully abide by,perform and discharge each and every obligation, covenant and
<br /> agreement which it now is or hereafter becomes liable to obse�ve or perform unde�any present or future Lease, and, at the Assigno�'s
<br /> sole cost and expense, will enforce o�secure the performance of each and every obligation, under each and every Lease. The Assignor
<br /> will observe and comply with all provisions of law applicable to the operation and ownership of the Trust Property. The Assignor will give
<br /> prompt written notice to the Assignee of any notice of default on the part of the Assignor with respect to the Lease received from the
<br /> tenant thereunder, and will also at Assignor's sole cost and expense, appear in and defend any action or p�oceeding arising under,
<br /> growing out of or in any manner connected with any Lease or ihe ob/igations, duties or/iabi/ities of ihe Assignor or any tenant ihereunde�.
<br /> The Assignor wi/!not/ease or otherwise permit the use of a//or any portion of the Trust Property for rent that is be/ow the fair markei
<br /> rent for such prope�ty.
<br /> 2. COLLECTION OF RENTS lN ADVANCE. The Assignor will not collect oi accept any Rents fo�the use or occupancy of the Trust Property
<br /> for more ihan one month in advance. Security deposits shall not be deemed Rents for purposes of this paragraph.
<br /> 3. PROTECTING THE SECURITY OF THIS ASSIGNMENT. Should the Assignor fail to perfo�m or observe any covenant or agreement
<br /> contained in this Assignment, then ihe Assignee may(but sha!l have no obligation to1 make or do the same in such manner and to such
<br /> extent as the Assignee may deem appropriate to p�otect the security hereof. The rights of the Assignee he�eunder sha//inc/ude but not
<br /> be limited to (iJ the right to appear in and defend any action or proceeding purporiing to affect the security hereof o�the rights or powers
<br /> of the Assignee, /ii/ the right to perfo�m and discharge each and every ob/igation, covenant and agreement of the Assignor contained in
<br /> the Lease, and(iiil the right, in exe�cising any of the other rights granted he�eunder, to pay necessary costs and expenses, employ
<br /> counsel and pay reasonable attorneys'fees. The Assignor shall pay on demand all sums expended by the Assignee pursuant to this
<br /> paragraph, together with interest the�eon at the rate stated by the Note or the rate stated in the most recent obligation covered by the
<br /> Guaranty, and the same shall be added to the Obligation secu�ed hereby and by the Deed of Trust.
<br /> 4. PRESENT ASSIGNMENT. This Assignment shall constitute a perfected, absolute and present assignment;provided that ihe Assigno�shall
<br /> have the right to collect all of the Rents (subject to the Section entitled "Collection of Rents in Advance"l and to retain, use and enjoy the
<br /> same until an Event of Default occurs under the Deed of Trust or the Assignor breaches any warranty or covenant contained in this
<br /> Assignment. Any Rents accruing prior to an Event of Default unde�the Deed of Trust but paid ihereafter shall be paid to the Assignee.
<br /> 5. SURVIVAL OF OBLIGATION. This Assignment is given as security in addition to the Deed of Trust. All of the Assignor's obligations under
<br /> the Deed of Trust and this Assignment shall survive foreclosu�e of the Deed of Trust. The Assignor shall observe and comply with all
<br /> terms and conditions contained in the Deed of Trust and in this Assignment and shall preclude any Eveni of Default from occurring under
<br /> the Deed of Trust during the period of redemption following forec%sure of the Deed of Trust.
<br /> 6. DEFAULT,•REMEDIES. Upon the occurrence of any Event of Default specified in the Deed of Trust or upon the breach of any warranty o�
<br /> covenant coniained in this Assignment, the Assignee may, at its option:
<br /> (aJ in the name,place and stead of the Assignor and as the Assignee in its sole discretion deems appropriate (i)enter upon, manage and
<br /> operate the Trust Property or retain the services of one or mo�e independent cont�actors to manage and operate all or any part of the
<br /> Trust Property; liil make, enforce, modify and accept surrender of the Leases; (iiil obtain or evict tenants, col%ct, receive, sue for, fix,
<br /> modify, adjust or compromise the Rents, and enforce all rights of the Assignor under the Leases;and(ivJ perform any and all other s
<br /> acts that may be necessa�y o�proper to protect the security of this Assignment. +
<br /> b) wirh or without exercising the rights set forth in subparagraph (a)above, give or require the Assignor to give notice fo any or all
<br /> tenanis under the Leases authorizing and directing them to pay al!Rents under the Leases directly to the Assignee;and
<br /> cJ without regard to any waste, adequacy of ihe security or solvency of the Assignor, apply for the appointment of a receiver of the
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