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<br />88- 10402€
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<br />ASSIGNMENT OF LEASES AND RENTS
<br />
<br />THIS ASSIGNMENT, made this 20th
<br />
<br /><IllY of
<br />
<br />July
<br />
<br />19-.illL.,
<br />
<br />by
<br />
<br />Beverly J. White, a single person
<br />
<br />reeiding at or having an office at 1110 1st Avenue
<br />
<br />Aurora, NE
<br />
<br />GBB1B
<br />
<br />(herein called "Aaaignor").to FirsTier Bank, National Association, Omaha, NE
<br />its principal office at Omaha, Nebr88ka (herein called "Assignee"),
<br />
<br />having
<br />
<br />WITNESSETH:
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<br />FOR VALUE RECEIVED, Aaaignor hereby grants, transfers and 88silfD8 to the Assignee all ofthe right, title
<br />and interMt of AaBignor in and to any and all18llJles and other tenancies now or hereafter made on or with reapect to the real
<br />
<br />estate located in Hall Countv. Nebraska and more particularly described
<br />in Schedule A hereof, which real estate shall be referred to hereinafter BB "Premises", including, but not limited to that certain
<br />Lea8e or those certain Leases, with modifications, if any, detlcribed in Schedule B hereof, covering the Premises; together with,
<br />(l) any and all extensions or ren_ale thereof, (2) any and all guarantees of the Leuetl'S obligations under any thereof and
<br />under any and allelltelUliona or renewabl of any thereof, and (3) all rents, i88ues, profite. revenUllll, deposits, earnest money
<br />payments, rill'hte and benefits now or hereafter aminII' from such leaJle and tenancies or for the uae and occupancy of the
<br />Premiaes, and any and all eJ:tenaiona and ren_ale thereof. Said leBBes and tenancietl or other uae of the Premisetl together
<br />with any and all guarantees, modifications, extensions, and renewals thereof shall be IIOmetimee hereinafter referred to BB the
<br />"Leaee" or "Le_";
<br />
<br />FOR THE PURPOSE OF SECURING:
<br />
<br />ONE: Payment and performance of each and every debt,liahility and obligation of every type and description
<br />whic'" AaBiBnor may now or anytime hereafter owe to Assignee. including, but not limited to, the indebtednlllls of Assignor
<br />aecured by that certain morttlqs or deed of truet made by the A88ijrnor to the A88ignee dated .'ul v 20 19.1liL..,
<br />and recorded or to be recorded at or prior to the recordinll' of this Assignment, or any other mortgqe or deed oftrut hereafter
<br />coveriq the whole or any part of the Premiaes. (whetherauch debt, liability, or obligation now emt. or is hereafter created or
<br />incurred and whether it is or may be direct or indirect, due or to become due, absolute or continpnt, primary or IMlCOndary,
<br />liquidated or unliquidated, or joint, aeveral, or joint and several, all such debts, liabilities and obligatiolUl being herein collec-
<br />tively referred to eometimllll BB the "Oblill'ations"); and
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<br />TWO: Performance and discharge of each and everyobliaation, covenant and agreement of Assignor contained
<br />herein or in any such mortcqe or deed of trust or any note or bond I18CUred thereby, or in any obliaation or any securina
<br />document lfiven in connection with any of the Obligationa aecured hereby,
<br />
<br />A. 1'0 PROTECT THE SECURITY OF THIS ASSIGNMENT ASSIGNOR AGREES, WITH RESPECT
<br />TO EACH LEASE:
<br />
<br />1, To faithfully abide by, perform and diacharae each and every obligation, covenant and qreement of the Lea8e
<br />by Leuor to be performed, to lfive prompt notice to the Assijrnee of any notice of default on the part or Aeaignor with reepect to
<br />the Leue received from Leuee or lrIIarantor, toll'ether with an accurate and complete copy of any such notice; at the sole coat
<br />and ellpenae of Aaaignor ,to enforce or secure the performance of each and every oblill'ation, covenant, condition and aareement
<br />of the Lease by the ~ to be performed; not to modify or in any way alter the lenna of the Lea8e; not to terminate the term of
<br />the Leue and not to accept a surrender of the rents thereunder or to waive, eJ:CIIlMl, condone or in any manner releue or di&-
<br />charp the ~ thereunder from the obliaations, convenanla, conditions and ai(reements by the Leuee to be performed,
<br />includillll' the obliaation to pay the rental called for thereunder in the manner and at the place and time specified therein, and
<br />Aeaijrnor cloea by theee pl'Ments e:a:preuly relaaee, relinquish and surrender unto the Aeai&nee all Aaaignor's rill'ht, power and
<br />authority to modify orin any way alter the terms or proviaiona of the Leue, or to terminate the term or accept a Burrenderthere-
<br />of, and any attempt on the part of the Aaaijrnor to eltCerciae any such right without the written authority and consent of the
<br />Aui4rnee thereto beina finlt had and obtained shall conatitute a Default of the terms hereof, as defined hereinafter, entitlina
<br />the Aui4rn~ to declare all Bums secured hereby immediately due and payable.
<br />
<br />2. A~ Aaaignor's 80Ie coat and ellpeD8e to appear in and defend al16' action or proceeding arising under, growing out
<br />of or in any manner connected with the Lease or the obliaations, duties or liabilities ofLeaaor, Leuee or guarantor thereunder,
<br />and to pay all coats and apen_ of the Aaaignee, includina attorney's fees in a reaaonable sum, in any such action or proceed.
<br />inll' in which the Aaaignee may sppear.
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<br />3. That should Aaaijrnor fail to make any payment or to do any act as herein provided, then the Aa88ign~, but
<br />without obliaation 80 to do and without notice to or demand on Aaaignor. and without releBBinK Auignor from any obliaation
<br />hereof, may makeordotheaamein such manner and to such elllent.. the Assignee msy deem neceuary to protect the aecurity
<br />hen!lOf, includina specifically, without limiting its pneral POWl!l1l, the riahtto appear in and defend any action or proceeding
<br />purportina to afflllCt the security hereof or the riahts or powl!l1l of the Aeaignee, and also the riaht but not the duty to perform
<br />and diacharae eadI and every obligation, covenant and lIIIIWIDent of Leaaor in the Lease contained; and in e:a:ercisina any
<br />such po_to pay neceaaary OOlIts and ellpenSllll, employ counaelllDd incur and pay reasonable attorney.s fetl8.
<br />
<br />4. To pay immediately upon demand all sums upended by tha Aeaign..., under the authority hereof, toaether with
<br />irltereat thenon at the hlaheat rate IIet forth in any of the Obligations aecured hereby, snd the same shall be added to the Obli.
<br />lations and shan be aecured hereby and by the &aid mortaqe or deed of trust.
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<br />5, That ANillnor will not tranafer or convey t'l the r-- the fee title to the demiaed Premi_. or any part thereof.
<br />unl_ the '- BMU_ in wrltina and...-to pay the debt aecured hereby in lIl'rordanCf' with thl! tenno, conVl'nanto and
<br />conditions of the ..id noto or bond secured by aaid mortaq. or deed of truat,
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