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aft- 103891 ASSIGNMENT OF LEASES AND RENTS THIS ASSIGNMENT. made thi.. 15th clsyof July 19mL. by VBR, Inc. residing at or having an office at 224 West 3rd, Grand Island, NE 68801 (herein called "Aaaignor"),to FirsTier Bank, National Association, Omaha, NE ita principal office at Omaha, Nebrulta (herein called "Astrignee"), having WITNESSETH: FOR VALUE RECEIVED, As5ignor hereby granta, tran..fers and as..igne to the Astrignee all of the right, title and intereat of Aaaignor in and to any and allleBBell and other tenanciell now or hereafter made on or with re..pect to the real elItate located in Hall Countv, Nebraska and more particularly described in Schedule A hereof, which real elltate ..hall b3 referred to hereinafter as ..Premise...., including, but not limited to that certain LeaHortholNl certain Leuee, with modifications, ifany, dMcribed in Schedule B hereof,coveringths Premisee; tolletherwith, (I) any and all enenBonl or renewale thereof, (2) any and all guarantees of the Le.._'s obligation.. under any thereof and under any and all exten..ioDB or renewall of any thereof, and (3) all renta, iaue.., profita, revenUell, depo8ita, eamBllt money paymente, righte and benefite now or hereafter arising from 8uch lea..e and tenanciee or for the UIIB and occupancy of the PremillBB, and any and all extensioDB and renewal.. thereof. Said leallBa and tenancies or other use of the Premises together with any and all guarantee8, modification8, extension8, and renewals thereof 8hall be 80metimes hereinaflerreferred to as the uLeaaeu or "Leaaee"; FOR THE PURPOSE OF SECURING: ONE: Payment and performance of each and every debt, liability and obligation of every type and de8cription which As..ignor may now or anytime hereafter owe to Auignee, including, but not limited to, the indebtednee.. of Assignor aecured by that certain mortglllls or deed of trust made by the Aslil(Dor to the As8iI(Dee dated July 15 , lSJ!!L.., and recorded or to be recorded at or prior to the recordinll of thi8 Auignment, or any other mortgqe or deed of trust hereafter coveri11ll the whole or any part of the Premises, (whether such debt, liability, or obligation now existe oris hereafter created or incurred and whether it is or may be direct or indirect, due or to become due, absolute or continllent, primary or 8econdary, liquidated or unliquidated, or joint, several, or joint and 8everal, all such debte, liabilitiell and obligation8 being herein collec. tively referred to sometimes as the "Obliirations"); and TWO: Performance and di8c:harge of each and every obligation, covenant and agreement of Assignorcontained herein or in any 8uch mortglllle or deed of trust or any note or bond INlCUI'ed thereby, or in any obligation or any 8ecuring document given in connection with any of the Obliirations II8C1lred 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 of the LeallB by Leuor to be performed, to give prompt notice to the Assignee of any notice of default on the part of Auignorwith respect to the LeaH received from Leases or guarantor, tollether with an aCC9rate and complete copy of any luch notice; at the sole C08t and llltpenlNl of Assil(Dor, to enforce or l18Cure the performance of each and every obligation, covenant, condition and agreement of the LeaIlB by the Leasee to be performed; n"~ to modify or in any way alter the term8 of the Lease; not to terminate the term of the Leaae and not to accept a surrender of the rente thereunder or t;; waive, eXCUH, condone or in any manner releaae or dis- charge the Le_ thereunder from the oblillation8, convenanta, condition I and agreements by the Leeaee 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 As8iI(Dor does by theee presente expressly release, relinquish and aurrender unto the Aaaignee all Auignor'8 right, power and authority to modify orin any way alter the term8 or proviaione of the LealNl, or to terminate the term or accept a surrender there- of, and any attempt on the part of the Assignor to excerci8e any 8uch right without the written authority and coneent of the Aaaignee thereto being first had and obtained ehall conetitute a Default of the term8 hereof, as defined hereinafter, entitling the Auignee to declare all 8um8 8ecUred hereby immediately due and payable. 2. At As8ignor'ellOle cost and expenlNl to appear in and defend any action or proceeding ari..ing under, growing out of or in any manner connected with the LeBBB or the obligation8, dutiu or liabilities of Le811Or, Lesaeeor guarantor thereunder, and to pay all coste and expen_ of the Assignee, including attomey's fees in a reB80nable 8um, in any 8uch action or proceed. ing in which the Assil(Dee may appear. 3. That Ihould Aaaignor fail to make any payment or to do any act as herein provided, then the Ausignoo, but without obligation so to do and without notice to or demand on Assignor, and without releasing Aaaitrnor from any oblillation hereof, may malte or do the earne in euch manner and to auch extentaa the Aaaillnee may deem neceuary to protect the lIBCurity hereof, includintlepecifically, without limiting ita Ileneral powen, the riIlht to appefU' in and defend any action or proceedinll purporting to affect the I18CUrity hereof or the nghte or powen of the Auignee, and al80 the right but not the duty to perform and dillCharge each and every oblillation, covenant and agreement of Leasor in the Lease contained; and in exerci8ing any 8uch powen to pay neceaary co..ta and expeneell, employ coulUlel and incur and pay reasonable attorney's fsea. 4. To pay immediately upon demand allsume expended by the ANignes under the authority hereof, ~ollether with interest thereon at the hillheet rate....t forth in any of the Oblillation8 lIllCured hereby, and the eame ehall be added to the Obli, llatioM and ehall be l18Cured hereby and by the said mortl(lIlle or deed of tru8t. 6. That Auignor will not trAnsfer or convey to the Le..se the fee title to the demi8ed Premilll!tl, or any part thereof, unl_ the 1.-- _urnes in writing and agr_ to pay the debt l18Cured hereby in accordance with the terme. con venanta and condition8 of the eaid note or bond seeured by 8aid mortl(lllle or deed of truet.