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<br />101.482
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<br />ASSIGNMENT OF LEASES AND RENTS
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<br />THIS ASSIGNMENT, made thiB;:. tJ.S2Q i1ayof t-larch
<br />by Sheldon J, Dethloff and Vivian)p:. Dethloff, husband and wi fe
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<br />19~
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<br />residing at or having an office at
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<br />111 East 6th St., Grand Island, Nebraska
<br />,
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<br />(herein called "Assignor"), to FirsTier Bank, National Association
<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 88signs 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 Connty, Nebraska and more particularly described
<br />ill 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 Lea.&e8, with modifications, if any, described in Schedule B hereof, covering the Premises; together with,
<br />(I) any and all extensions or renewals thereof, (2) any and all guarantees ofthe Lessee's obligations under any thereof and
<br />under any and all extensions or renewals of any thereof, and (3) all rents, iBIJuea, profits, revenuea, deposits, earnest money
<br />payments, rights and benefits now or hereafter arising 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 ofthe Premises together
<br />with any and all guarantees, modifications. extensions, and renewals thereof shall be sometimes hereinafter referred to 88 the
<br />"LeBBe" 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 Aaaignor may now or anytime hereafter owe to Assignee, including, but not limited to,the indebtedne88 of Assignor
<br />secured by that certain mortgage or deed of trullt made by the Assignor to the Assignee dated March 24 . 19.JllL..,
<br />and recorded or to be recorded at or prior to the recording oftbis Assignment, or any other mortgage or deed llftrust hereafter
<br />covering the whole or any part of the Premises, (whether Iluch debt, liability, or obligation now ellists or is hereafter created or
<br />incurred and whether it is or may be direct or indirect, due or to become due, abaolute or contingent, primary or secondary,
<br />liquidated or unliquidated, or joint, several, or joint and several, a118uch 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 eecured thereby, or in any oblillation 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 RESPEcr
<br />TO EACH LEASE:
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<br />1. To faithfully abide by, perform and discharge each and every obligation, covenant and qreementofthe Lease
<br />by Leuor to be performed, to give prompt notice to the ANignee of any notice of default on the part of Assignor with l'ellpect to
<br />the Leue received from Leuee or guarantor, together with an accurate and complete copy of any .uch notice; at the sole coat
<br />and expense of Aaignor, to enforce or lleCure the performance of each and every obligation, covenant, condition and agreement
<br />ofthe Leue by the Leuee to be performed; not to modify orin any way alter thetel1ll8 of the Leue; not to terminate the term of
<br />the Lea..e, and not to accept a surrender of the rents thereunder or to waive, excuse, condone or in any manner release or di8-
<br />charge the Leuee thereunder from the obligations, convenants, conditions and agreements by the Leuee to be performed,
<br />includiq the obligation to pay the rental called for thereunder in the manner and at the place and time .pacified therein, and
<br />Auignor doee by these presenta eJlprt!88ly releBBe, relinquiah and surrender unto the Auignee all Asaignor'. rilht, 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 sunenderthere-
<br />of, and any attempt on the part of the As8ignor to excercille any such right without the written authority and conllent of the
<br />Assignee thereto being 61'8t had and obtained shall conBtitute a Default of the termB hereof, 88 defined hereinafter, entitling
<br />the Aaailllee to declare all sums secured hereby immediately due and payable.
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<br />2. At Aaignor'sllOle coat and expense to appear in and defend any action orproceedinll arisinl under, growinl out
<br />of or in any manner connected with the Lease or the ohligatioM, dutiee or liabilities of Lessor, Leuee or lIUarantorthereunder,
<br />and to pay all coat8 and expenlle8 of the ANignee, includinl attorney's feee in areuonable lIum, in any such action or proceed.
<br />inl in whiCh the Auipee may appear.
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<br />3. That ahould A.saignor fail to make any payment or to do any act as herein provided, then the Asaignee, but
<br />without obligation 110 to do and without notice to or demand on Auignor, and without releasing Aaignor from any obligation
<br />hereof, may mauordothesamein euch manner and to such extent 811 the Asaignee may deem neceuarytoprotect the security
<br />hereof, includiq .pecifically, without limitinl its general powel1l. the rilht to appear in and defend any action or proceeding
<br />purportin. to affect the lNlCUrity hereof or the rights or powe... of the Auignee, and also the rilht but not the duty to perform
<br />and c:tiKhUle each and every obligation, covenant and apeement of LNaor in the Lease contained; and in euftillinl any
<br />.uoCh powen to pay necetJlJary coets and expenlle8, employ counael and incur and payreaaonable attorney's fees.
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<br />.. To pay immediately upon demand aUeum. expended by the Auilll1ee under the authority hereof, together with
<br />in...t thereon at the hirhest tate eet forth in any of the Obligationa BeCured hereby, and the same t1hall Madded to the Obli.
<br />gation. and .hall be secured hereby and by the Baid mortgage or deed of trust,
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<br />. 5. That Auipor will not tranllfer or convey to thE; Leueethefee title to the demi8ed PremiBell, or any part thereof,
<br />unlNII tiie LeNee auUIllft in writing and agree. to pay the debt 88CUr:ed hereby in accordance with the termll, convenant8 Bnd
<br />conditiolU of the "aid note or bond secured by eaid morltJ8IJe or deed of tru.t,
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