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<br />88-106275
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<br />ASSIGNMENT OF LEASES AND RENTS
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<br />THIS ASSIGNMENT, madB this
<br />
<br />18th
<br />
<br />day 01
<br />
<br />November
<br />
<br />19~,
<br />
<br />by NEBRASKA MACHINERY COMPANY. a Nebraska Corporation
<br />residing at or having an office at 401 North 12th Street
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<br />Omaha. Ne 68102
<br />
<br />(herein called "Assignor"), to Firslier Bank, National Association, Omaha, Nebraska
<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 hBreby grants, transfers and assigns to the Assignee all of Ihe right title and
<br />inlerest of ASSignor in and to any and all leases and other tenancies now or hereafter made on or with respectto the real estate
<br />
<br />located in No'''th Highwav 281. Doniphan, Nebraska and more particularly described
<br />In SchelloleA hereof, which real Bslate shall be referred to hereinaftBras "Premises", including, but not limited to that carlain
<br />Lease or those cerlain Laases, with modifications, if any, dBscribed In Schedule B herBOf, covering the PrBmises;togBlherwlth
<br />(1) any and all extBnsions or renewals therBOf, (2) Bny and all guarantees of the LeseB'S obligations under any thereof and
<br />under any and all extensions or renewals of any thBrBof, and (3) all rents, issues, profits, revenues, deposits, Barnest money
<br />paymenls, rights and benBfits now or hereafter arising from such lease and IBnBncies or for thB use and occupBncy of the
<br />Premises, and any and all extensions and renewals thereof, Said leases and tenancies or olher use oflhe PrBmises togBthBr
<br />with any and all guarantees, modlficBtions, extBnslons, and renewBls thBreofshall be sometimes hereinBfterreferred to as the
<br />"Lease" or "Leases";
<br />
<br />FOR THE PURPOSE OF SECURING:
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<br />ONE: Payment Bnd performBncB of Q~ch and every debt IIBblllty and obligation 01 BVBry type and descrlptiDn
<br />which Assignor may now or Bnyllme hBreafter OWB 10 Assignee, Including, but not limited 10, the Indebtedl1BSS of Assignor
<br />secured b>' thaI cerlaln mortgBgB or deed of trust made by the Assognar to the Assignee dBtlldN<l!!euber'18 ,19 ~,
<br />and recorded orlo be recorded at or prior 10 the recording olthls AsslgnmBnt or Bny othBr mortgagB or deed oftrusl hereafter
<br />covering the wholB or any part of Ihe PrBmises, (whethBr such debt liability, or obligation now exlsls or Is hereafter created or
<br />Incurred and whether It Is or may be direct or IndlrBct due or to becomB due, absolute or contlngBn~ primary or secondary,
<br />liquidated or unliquidated, or joint several, or joint Bnd severBl, all such debts, liabilities and obligBtlons bBlng herein
<br />collectively rBfBrred to somBtlmes as the "Obligations"); and
<br />
<br />r
<br />TWO: Performance and discharge of each and every obllgBtlon, covenant and Bgresment of Assignor
<br />contained herein or In any such mortgagB or dBed or trusl or any note or bond secured thereby, or In any obllgBtlon or any
<br />securing document given In connection with any of thB Obligations secured hereby.
<br />
<br />A TO PROTECT THE SECURITY OF THIS ASSIGNMENT ASSIGNOR AGREES, WITH RESPECT TO EACH
<br />LEASE:
<br />
<br />1. To falthlully abide by, perform and discharge each and every obligation, covenant and agresmenl of the Lease
<br />by Lessorto be performed, to give prompt notice to the Assignee of any notice of defaull on IhB part of Assignor with respectto
<br />the Lease recalved from Lassee or guarantor, together with an accurate and complete copy of any such notlcs; at the SOIB cost
<br />and expense of Assignor, 10 Bnforce or secure IhB performBnca of each and every obllgBtlon, covenan~ condition and
<br />agresmenl oftha Laasa by the Lassee to bB pBrformBd; notto modify or In any way alter the tBrms of thB LaasB; notto termlnBte
<br />thB term of the Lease Bnd not to accBpt a surrBndBr of the rBnts thereundBr or to waive, excuse, condone or In any manner
<br />,_lease or dlschargB thB LBssee thBrBundBr from thB obligBtlons, covBnanls, conditions and Bgreemenls by Ihe Lessee to bB
<br />performed, Including the obllgBtlon to pay the rental called for thereunder In the manner and at the place and time specified
<br />thBreln, and Assignor dOBs by these presenls Bxpressly release, relinquish and surrender unto the Assignee 8/1 Assignor's
<br />right powBrBnd authority to modify or In any way alter the terms or provisions OfthB Lease, ortotermlnatBthe lerm or accepta
<br />surrender therBof, and Bny anBmpl on thB part of the Assignor to exercise any such right without Ihe wrlnBn authority and
<br />consent of the Assignee therBto being firsl had and obtained shall conslltutB a Default of thB terms hereof, as defined
<br />herBinafter, entitling Ihe Assignee to declBre all sums secured hereby Immedlalely due and payablB.
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<br />2. At Assignor's sole cost and expense 10 appear in and dBfend any action or proceeding arising under, growing
<br />oul of or in any manner connecled with the Lease or the obligations, duties or liabilities of Lessor, LBssee or guarantor
<br />thBrBunder, and to pay all costs and expenses of the Assignee, Including anorney's fees In a reasonable sum, in any such
<br />action or proceeding in which the Assignee may appear.
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<br />3. Thai should Assignor fall to make any payment or to do any act as herBln provided, then the Assignee, but
<br />wllhout obligation so to do and without notice 10 or demand on Assignor, and without releasing Assignor from any obligation
<br />hereof, may make or do the same In such manner and to such extBnt as Ihe Assignee may deem necessary to protect the
<br />security hereof, Including specifically, without limiting Its general powers, the right to Bppear In Bnd dBfBnd any action or
<br />proceBding purporting to affect the security hBrBOf or thB rights or powers of the Assignee, and also IhB right but not Ihe duty to
<br />perform and discharge each and every obligation, covenant and agreement cf Lassor In the Lease conlainBd; and In
<br />exercising any such powers to PBY necessary cosls and expenses, employ counsel and Incur and pay rBasonable anornBY's
<br />fees.
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<br />4. To pay immediately upon demand all sums expended by the Assignee under the authority hereof,together with
<br />inleresl thereon at the highest rate set forth In any 01 the Obligations secured hereby. and the same shall be added 10 the
<br />Obligations and shall be secured hereby and by the said mortgage or deed of trust
<br />
<br />, 5. That Assignor will not Iransfer or convey to the Lessee the fee title to the demised Premises, or any part thereof,
<br />unless the Lessee assumes In writing Bnd agrees 10 PBY the deb! secured hereby in accordance with the lerms, covenants Gnd
<br />conditions of the said note or bond secu,Bd by said mortgage or deed of trust.
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