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3. That should Assignor fail to make any payment or to do any act as herein provided, then the Assignee, but without obligation so to do and without notice to or demand on Assignor. and without releasing Assignor from any obligation _ ; 1 00756 hereof may make or do the same in such manner and to such extent "the Assignee may deem necessary to protect the security ..., purporting to affect the security hereof or the rights or powers of the Assignee, and also the right but not the duty to perform ASSIGNMENT OF LEASES AND RENTS and discharge each and every obligation, covenant and agreement of Leasor in the Lease contained; and in exercising any THIS ASSIGNMENT,madethis ,o`'' day of tar° 1S -7 f,. To pay immediately upon demand all sums expended by the Assignee under the authority hereof, together with by., interest thereon at the highest rates" forth in any of the Obligations secured hereby, and the same shall be added to the Obh .' residing at or having an office of ) '' ' ` 'e 5 ` 5. That Assignor will not transferor convey to the Leasee the fee title to the demised Premtsow or any part thereof, FIn77ar Bank, National Association, Omaha, Nebraska - - unless the Lessee assumes in writing and agrees w pay the debt secured heretic in acc;irdance with the terms, convenams and Navin (herein called "Assignor "), to g tt3 - its principal office at Omaha, Nebnaka (herein called "Assignee "). WITNESBETH: FOR VALUE RECEIVED, Assignor hereby grants. transfers and "signs to the Assignee all of the right. title and interest of Assignor in and to any and all lessee and other tenancies now or hereafter made on or with respect to the real viatate locaed in 105 ;sy !�cbert - -'-, and more particularly describes in Schedule A hereof, which real estate shall be referred to hereinafter " "Premiss ", including, but not limited to that certain `;laws or those certain lasses, with modifications, if any, described in Schedule B hereof. covering the Premises; together with (1) soy and all extensions or renewals thereof. (T) any and all guarantee of the Lsssa's obligations under any thereof and - under any and all extensions or renewals of any thereof, and (3) all rents, isans, profits. revenues, deposits, earnest money paymertte, rights and benefits now or hereafter arising from such tsar and tenancies or for the use and occupancy of the Premises. and any and all extensions and renewals thereof. Said teals and tenancies or other use of the Premises together g 1 nf,ail be sometimes hereinafter referred to "tht with any and all guarantees. modifications. extensions, and renewals there h "Issas" or "Leaves"; FOR THE PURPOSE OF SECURING: ONE: Payment and performance of each and every debt, liability and obligation of every type and description which Assigner may now or anytime hereafter owe to Assignee, including, but not limited to, the_indebtacluese of Alai pOr aecund by &bat certain mortgage or dead of trust made by the Assignor m the Assigns dated - 19=i . ,and recorded or to be recorded at or prior to the recording of this Assignment. or any other mortgage or dead of trust hereafter covering the whole or any pan of the Pesmism. (whether such debt, liability. m obligation now exists or is hereaftwcroused or incurred and whether it is or may be direct or indirect, due or to become due, absolute or contingent, primary or secondary, liquidated or unligoidated or joint. several, or joint and asysrai, all each debts, liabilities and obligations tieing herein coplec �tively refereed to asmatims as the "Obligations -k and TWO: Performance and discharge of each and every obligation, covenant and agreement of Assignor romaine,_ herein or in any such mortgage or dead of trust or any note or bond secured thereby. or in any obligation or any securing - - ;. docossnt given in connection with any of the Obligations secured hereby.; A. TO PROTECT THE SECURITY OF THIS ASSIGNME.vT ASSIGNOR AGREES WITH RESPEC T TO EACH LEASE: 1. To faithfully abide by, perform and discharge each and every obligation, covenant and agreement of the base by lessor to be performed, to give prompt notice to the Assignee of any notice of default on the part of Assignor with respect to f the Lase received from Lase or guarantor, together with an accurate and complete copy of any such notice; at the sole cost and expanse of Assignor, to enforce orsecu re the performance of each and every obligation, covenant. condition and agreement of the lame by the Lanroe to be performed. not to modify or in anyway alter the terms of the' ease 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 din. charge the Lasses thereunder from the obligations, convenants, conditions and agreements by the Lessee to be performed, including the obligation to psy the rental called for thereunder in the manner and at the place and time specified therein, and Assignor dos by thew presenta expressly release. relinquish and surrender unto the Assigns all Assignor's right, power and authority to modify or in any way alter the terns or provisions of the L ease, 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 "defined hereinafter„ entitling the Assigns to declare all sums secured hereby immediately due and payable, 2_ At Assignor's sole cost 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, i.sseeor guarantor thereunder. and to pay all core and expanses of the Assignee, including attorney's fee in a reasonable sum, in any such action or proceed - I Ing in which the Assigns may appear- 3. That should Assignor fail to make any payment or to do any act as herein provided, then the Assignee, but without obligation so to do and without notice to or demand on Assignor. and without releasing Assignor from any obligation _ hereof may make or do the same in such manner and to such extent "the Assignee may deem necessary to protect the security hereof, 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 of the Assignee, and also the right but not the duty to perform " and discharge each and every obligation, covenant and agreement of Leasor in the Lease contained; and in exercising any such powers to pay necessary rose and expenses, employ counsel and incur and pay reasonable attorneys fees. f,. To pay immediately upon demand all sums expended by the Assignee under the authority hereof, together with interest thereon at the highest rates" forth in any of the Obligations secured hereby, and the same shall be added to the Obh .' gsuous and shall be secured hereby and by the said mortgage or deed of trust. 5. That Assignor will not transferor convey to the Leasee the fee title to the demised Premtsow or any part thereof, - - unless the Lessee assumes in writing and agrees w pay the debt secured heretic in acc;irdance with the terms, convenams and conditions of t_he said note or tx)nd secured by so.d mortgage or deed of trust l M. 31 tt3 - } yr