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r <br />L <br />t 7 j,a.. <br />7- 101910 <br />ASSIGNMENT OF LEASES AND RENTS <br />THIS ASSIGNMENT, roads thiā€¢ 3rd ,fay of April -19__87 <br />by EDWARD L. BELGRADE AND SANDRA P. BELGRADE Husband and wife <br />residing at or having an office at Omaha Nebraska <br />(hervin called MOW Bank, National Assmisoon, Omaha, Nebraska to ~suing <br />its principal office Omaha, Nebraska (herein called "Assignes'l, <br />WTTNESSETH: <br />FOR VALUE RECEIVED, Assignor hereby grants, transfers andawigne tothe Assignee allof the right, title <br />and interest of Assignor in and to any and all !seem and other tenancies now or hereafter made on or with respect to the real <br />estaMlscatedin 2121 North Webb Road, Grand Island, Nebraska and mom particularly described <br />is Schedule A hsrsof which real esta% shall be referred to hereinafter as "Premws ", including. but not limited to that certain <br />Leass or these certain f was, with moddiatione, ifany, described in Schedule B barony, covering the Promises; together with, <br />(1) any and all extensions or renewals t areK M any and all guarantees of the Lessee's obligations under any thereof and <br />under say and all e i msiw or renewals of any thereof and (3) all rants, issues, prof its, revenues, deposits, earnest money <br />paymeats, rights and beaus now or hereafter arising from such lease and tenancies or for the son sad occupancy of the <br />Promises. and any and all exteasiw and renewals thereof. Said leases and tenancies or other use of the Premises together <br />with any and all guarantees, modifications, extensions, and renewals thereof shall besomostimes hereinafter referred to as the <br />"Loess" or "Maass "; <br />FOR THE PURPOSE OF SECURING: <br />ONE: Payment and performance of each and every debt, liability and obligation of every type and des:ai on <br />which Assignor may now of anytime hereafter owe to Assignee, including, but not limited to, the end} nw of r <br />second by that certain mom or deed of trum made by the Assignor to the Assignee dated _A -11 19 <br />to be lathe this Assignment, deed <br />and recorded oe nooedsd actor prior recording of or any other mortgage or of trust hereafter <br />covering the whale at any pad of the Premises, (whether such deK liability, or obligation now exists oris hereaftercreated or <br />incurred and whether it is or may be direct or indirect, due or to become due, absolute or contingent, primary or secondary, <br />` ' <br />liquidated or umUgaidaied, or joint, several, or joint and several, all such debts, liabilities and obligations being herein collec- <br />tiveiy referred to sometimes as the "Obligations" k and <br />TWO: Performance and discharge of each and every obligation, covenant and agreement of Assignor contained <br />\= <br />herein or in any sub mortgage or deed of trust or any note or bond secured thereby, or in any obligation or any securing <br />document given in connection with any of the Obligations secured hereby. <br />A. TO PROTECT THE SECURITY OF THIS ASSIGNMENT ASSIGNOR AGREES, WITH RESPECT <br />TO EACH LEASE: <br />a' <br />1. To faithfully abide by, perform and discharge each and every obligation, covenant and agreement of the Lases, <br />by Lama to be performed, to give prompt notice to the Assignee of any notice of default an the part of Assignor with respect to <br />the LMss received !Irons Less or guarantor, together with an accurate and compiete copy of any such notice; at the sole cost <br />and es:pemes of Assignor. to enforce orsscu -the performance of each and every obligation, covenant, condition and agreement <br />; < <br />of the Lease by the Lasses to be performed; not to modify or in any way altar the terms of the Isaac, not to terminate the term of <br />the Lames and not to accept a surrander of the rants thereunder or to waive, excuse, condone or in any manner release or die- <br />charge the Lasses thereunder from the obligations, convenants, conditions and agreements by the Lessee to be performed, <br />including the obligation to pay the rental called for thereunder in the manner and at the place and time specified therein, and <br />Assignor doss by these presents exreely release, relinquish and surrender unto the Assignee all Assignor's right, power and <br />authority to mods fy orin anyway ahter the terns or provisions of the Inseam, or to terminate the term or accept a susranderthers- <br />of, and my attempt on the pad of the Assignor to excenase any such right without the written authority and consent of the <br />Assignee thereto being first had and obtained terms hereof, "defined hereinafter, entitling <br />Immediately <br />the Assignee to declare allsame secured hereby due and payable. <br />g. At Assignor's sole cod and expanse to appear in and defend any action or proceeding arising under, growing out <br />of or in any maws connected with the Lames or the obligations, duties or liabilities of Lessor, Laaseeor guarantor thereunder, <br />and to pay all cow and expanses of the Assignee, including attorney's fees in a reasonable sum, in any such action or proceed- <br />ing in which the Assignee may appear. <br />3. That should Assignor fail to make any payment or to do any act es herein provided, then the Asesignes, but <br />without obligation so to do and without notice to or demand on Assignor, and without releasing Assignor from any obligation <br />j <br />hereof may maksordo the asmein such mannorand to much extent" theAssignse may doom necessary to protect themocurity <br />hereof, including speciflcalhy, without Waiting its general powers, the right to appear in and defend any action or proceeding <br />purporting to affect the security harms or the rights or powers of the Assignee, and also the right but not the duty to perform <br />and discharge each and every obligation, covenant and agreement of Lessor in the Leass contained; and in exercising any <br />such powers to pay asoessary cash and espouses, employ counsel and incur and pay reasonable attorney's fees. <br />4. To pay immediately upon demand all sumo expended by the Assignee under the authority hereof, together with <br />interest thereon at the highest rate set forth in any of the Obligations secured hereby, and the same shall be added to the Obli- <br />gations and shall be secured herby and by the said mortgage or deed of trust. <br />fi That Assignor will not truster or convey to the Laces the fee title to the demised Premises, or any part thereof, <br />merlons the Lasses amuses in writing and agrees to pay the debt secured hereby in accordance with the terms, convenante and <br />conditions of the said now or bond secured by said mortgage or deed of trust. <br />CX Mew vacs <br />X1 <br />