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BB- 100707 ASSIGNMENT OF LEASES AND RENTS I THIS ASSIGNMENT, made this 5th clay of February 1988_. by William D. LivenGood and Beverly K. LivenGood. husband & wife residing at or having an office at 645 H Street I Box 80459, Lincoln, NE 68501 (herein called "Assignor"), to FirsTier Bank, National Association, Omaha its principal office at Omaha, Nebraska (herein called "Assignee"), ----11aving WITNESSETH: FOR VALUE RECEIVED, Assignor hereby grants, transfers and assigns to the Assignee all oftheright, title and interest of Assignor in and to any and all leases and other tenancies now c:- hereafter made on or \vith respect to the real estate located in Hall County, Nebraska and more particularly described in Schedule A hereof, which real estate shall be referred to hereinafter as "Premises", including, but not limited to that 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 Lessee'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 uLeaoesn; 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 Assignor to the Assignee dated F~brllary S 19.JliL.., and recorded or to be recorded at or prior to the recording of this Assignment, or any other mortgage or deed of trust hereafter covering the whole or any part of the Premises, (whether such debt,liability, or obligation now exists oris hereafter created or incurred and whether it is or may be direct or indirect, due or to become due, absolute or contingent, primary or secondary, liquidated or unliquidated, or joint, several, or joint and several, all such debts, liabilities and obligations being herein collec- tively referred to sometimes as the "Obligations"); :md 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 note 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 ASSIGNMENT ASSIGNOR AGREES, WITH RESPECT TO EACH LEASE: c; '-- ~~ r~ f~ l', f 1. To faithfully abide by, perform and discharge each and every obligation, covenant and agreement of the Lease by Lessor to be performed, to give prompt notice to the Asllignee of any notice of default on the part of Assignor with respect to the Lease received from Lessee or guarantor, together with an accurate and complete copy of any such notice; at the sole cost and expense of Assignor, to enforce or secure the performance of each and every obligation, covenant, condition and agreement 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 the Lease and not to accept a surrender of the rents thereunder or to waive, excuse, condone or in any manner reIeaee or dis- charge the Lessee thereunder from the obligations, convenants, 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, or to terminate the term or accept a surrender there- of, and any attempt on the part of the Assignor to excercise any such right without the written authority and consent ofthe Assignee thereto being first had and obtained shall constitute a Default oithe terms hereof, as defined hereinafter, entitling the Assignee to declare all sums secured hereby immediately due and payable. L !, I. It 2. At Assignor's sole cost and expense to appear in and defend any action or proceeding arising under, growing out of orin 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 proceed- ing in which the Assignee may appear. 3. That should Assignor fail to make any payment or to do any act as herein provided, then the Asssignee, 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 fees. 5. That Assignor will not transfer or convey to the Lessee the fee title to the demised Premises, or any part thereof, unless the Lessee assumes in writing and agrees to pay the debt secured hereby in accordallce with the terms, convenallts and conditions of the said note or bond secured by said mortgage or deed of trust. ~ -~ L 4. To pay immediately upon demand all sumll expended by the Assignee under the authority hereof, together with interest thereon at the highest rate set forth in any ofthe Obligations secured hereby, and the same ohall be added to the Obli- gations and shall be secured hereby and by the said mortgage or deed of trust. ,'.