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I 88:.... 101576 ASSIGNMENT OF LEASES AND RENTS THIS ASSIGNMENT, made this 28 flay of March 19~ by William D. Livengood and Beverly K. Livengood, husband and wife residirig at or having an office at 645 11 Street, Box 80459, Lincoln,' Ne 68501 (herein called "ABsignor"), to FirsTier Bank, National Association, Omaha its principal office at Omaha, Nebraska (herein called "Assignee"), having WITNESSETH: FOR VALUE RECEIVED, Assignor hereby grants, transfers and assigns to the Assignee all oftheright, title and interest of Assignor in and to any llnd all leases and other tenancies now or hereafter made on or with respect to the real estate located in Hall County, Nebraska and more particularly described in Schedule A hereof, which real estate shull be referred to hereinufwr afl"Premises", including, but not limited to that certain Lease orthose certain Le88es, 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 gUllrUnWl:B of the Lessee's obligations under any thereof and under any and all extensions or renewals of any thereof, and (3) all rent1!, issues, profits, revenues, deposits, earnest money payments, rights and benefits now or hereafter arising from liuch lease and tenancies or for the use and occupancy of the Premises, and any and all extensions and renewals thereof. Said l<lases and tenancies or other use of the Premises rogether with any and all guarantees, modifications, extensions, and renewals thereof shall be sometimes hereinafterreferred to M the "Le88e" or "Leases"j 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 ro the Assignee dated March 28 . 19..lliL.. and recorrl9d or to be recorded at or prior to the recording of this Assignment, or any other mortgage or deed oCtrust hereafter covering the whole or any part ofthe Premises, (whether such debt, liability, or obligation now exists oris hereafter created or incurred and whether it iB or may be direct or indirect, due or ro 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 ro 80metimes as the "Obligations"); 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 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: 1. To faithfully abide by, perform and discharge each and every obligation, covenant and agreement oithe Lease by Lessor to be performed, to give prompt notice to the ABsignee of any notice of default on the part of Assignor with respect to the Lease received hom Lessee or guar9Jltor, together with an accurate and complete copy of any such notice; at the sole cost and expense of Assignor, to enforce or 8ecure the performance of each and every obligation, covenant, condition and agreement ofthe Leasc by the Lessee to be performed; not to modify orin any way alter the terms ofthe 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 release 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 iJpecified therein, and AssifPlor does by these presents expl"<1ssly rele88e, relinquiBh and surrender unto the ABsignee all Assignor's right, power and authority to modify orin any way alter the terms or provisions ofthe Leasc, 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 of the Assignee thereto being first had and obtained shall constitute a Default of the terms hereof, 8S defined hereinafter, entitling the Assignee to declare all sums secured hereby immediately due and payable. 2. At Auignor's 80le COBt 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 expensetl of the Assignee, including attorney's fees in a reasonable sum, in any such action or proceed. inK in which the AssignE\e 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 80 to do and without notice to or demand on ABsignor, and without rele88ing Assignor from any obligation hereof, may make or do the I18me in such manner and to such extent 88 the Assignee may deem necessary to prot.ectthe security hel'tlOf, 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 oCthe Assignee, and al80 the right but not the duty to perf<lrm and diachar8e each and every obligation, covenant and agreement of Lessor in the LealiE: contained; and in exercising any lIuch powers to pay necessary cost8 and expenses, employ counsel and incur and pay reasonable attorney's fees. 4. To pay immediately upon demlmd aUBurns expended by the ABsignee under the authority hereof, together with interNt thereon at the highest rate set forth in any of the Obligations secured hereby, and the same shall be added to the Obli. gationll and IIhall be secured hereby and by the said mortgage or deed of trust. 5. That Auign~r wil! 'Jot transfer or convey to the Lellllee the feo till... to thu demised Premise8, or any part thereof, unleM the Leuee llII8umes In wnbng and agrees to pay the deht secured hereby in Rccordancewith the terma, convemmtll and condition. of the lIaid nole or boud secured by sRid mortj(nlCc IIr dl'I'(1 of tru8t.