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<br />87- 107401
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<br />ASSIGNMENT OF LEASES AND RENTS
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<br />THIS ASSIGNMENT, made this 30th
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<br />riayof
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<br />December
<br />
<br />19~
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<br />by
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<br />Don's West Capital Services, Inc.
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<br />residing at <ir having an office at
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<br />3428 West Capital Avenue. Graqd Island, NE
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<br />68803
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<br />(herein called "Assignor"), to Fi,rsTier Bank, National Association, Omaha, NE
<br />its principal office at Omaha, Nebraska (herein called "Assignee"),
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<br />having
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<br />WITNESSETH:
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<br />FOR VALUE RECEIVED, Assignor hereby grants, transfers and aasigns to the Assignee all of the right, title
<br />and interest of Assignor in and to any and all leases and other tenancies now or hereafter made on or with respect to the real
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<br />estate located in Hall County, Nebraska and more particularly described
<br />in Schedule A hereof, which real estate shall be referred to hereinafter as "Premises", including, but not limited to that certain
<br />Lease or those certain Leaaes, with modifications, if any, described in Schedule B hereof, covering the Premises; together with,
<br />(1) any and all extensions or renewals thereof, (2) any and all guarantees of the Lessee's obligations under any thereof and
<br />under any and all extensions or renewale of any thereof, and (3) all rents, issues, profits, revenues, deposits, earnest money
<br />payments, rights and benefits now or hereafter ariBing from such lease and tenancies or for the use and occupancy of the
<br />Premises, and any and all extensions and renewals thereof. Said leases and tenancies or other use of the Premises together
<br />with any and all guarantees, modifications, extensions, and renewals thereof shall be sometimes hereinafterreferred to aa the
<br />"Lease" or "Leases";
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<br />FOR THE PURPOSE OF SECURING:
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<br />ONE: Payment and performance of each and every debt, liability and obligation of every type and description
<br />which Assignor may now or anytime hereafter owe to Assignee, including, but not limited to, the indebtedness of Assignor
<br />secured by that certain mortgage or deed of trust made by the Assignor to the Assignee dated December 30 , 19.-a.I...,
<br />and recorded or to be recorded at or prior to the recording of this Assignment, or any other mortgage or deed oftrust hereafter
<br />covering the whole or any part ofthe Premises, (whether such debt, liability, or obligation now exists oris hereafter created or
<br />incurred and whether it is or may be direct or indirect, 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 />tively referred to sometimes as the "Obligations"); and
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<br />TWO: Performance 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 connection with any of the Obligations secured hereby.
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<br />A. TO PROTECT THE SECURITY OF THIS ASSIGNMENT ASSIGNOR AGREES, WITH RESPECT
<br />TO EACH LEASE:
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<br />1. To faithfully abide by, perform and diBcharge each and every obligation, covenant and agreement of the Lease
<br />by Lessor to be performed, to give prompt notice to the Assignee of any notice of default on the part of Assignor with respect to
<br />the Lease received from Lessee or guarantor, together with an accurate and complete copy of any such notice; at the sole cost
<br />and expense of Assignor, to enforce or secure the performance of each and every obligation, covenant, condition and agreement
<br />of the Lease by the Lessee to be performed; not to modify or in any way alter the terms of the Lease; not to terminate the term of
<br />the Leaae and not to accept a surrender of the rents thereunder or to waive, excuse, condone or in any manner release or dis.
<br />charge the Lessee thereunder from the obligations, convenants, 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 specified therein, and
<br />Assignor does by these presents expressly releaae, relinquish and surrender unto the Assignee all Assignor's right, power and
<br />authority to modify or in any way alter the terms or provisions of the Lease, or to terminate the term or accept a surrender there-
<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 thereto being first had and obtained shall constitute a Default of the terms hereof, as defined hereinafter, entitling
<br />the Assignee to declare aU sums secured hereby immediately due and payable.
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<br />2. At Assignor's sole cost 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 crthe obligations, duties or liabilities of Lessor, Lessee or guarantor thereunder,
<br />and to pay all costs and expenses of the Assignee, including attorney's fees in a reasonable sum, in any such action or proceed.
<br />ing in which the Assignee may appear.
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<br />3. That should Assignor fail to make any payment or to do any act as herein provided, then the Asssignee, 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 make or do the same in such manner and to such extent as the Assignee may deem necessary to protect the security
<br />hereof, including specifically, without limiting its general powers, the right to appear in and defend any action or proceeding
<br />purporting to affect the security hereof or the rights or powers of the Assignee, and also the right but not the duty to perform
<br />and discharge each and every obligation, covenant and agreement of Lessor in the Lease contained; and in exercising any
<br />such powers to pay necessary costs and expenses, employ counsel and incur and pay reasonable attorney's fees.
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<br />5, That Assignor will not transfer or convey to the Lessee the fee title to the demised Premises, or any part thereof,
<br />unleM the Lessee assumes in writing and agrees to pay the debt sccured hereby in accordance with the terms, convenants and
<br />conditions of the said note or bond secured by said mortgage or deed of trust.
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<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 Obli.
<br />gations and shall be secured hereby and by the said mortgage or deed of trust,
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