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F <br />L <br />ASSIGNMENT OF LEASES AND RENTS <br />IMS ASSIGNMENT "I st of 7s *i ar _ly <br />,made this day <br />by Piarob, Inc_ <br />residing at or having an office at_ <br />60D Parker Road Aurora, Colorado - <br />(herein called "Assignor") to CAnaha National <br />its principal office at Omaha, Nebraska (herein called "Assignee"), <br />pOR VALM RExMNWD, Assignor hereby grants, transfers and assigna to the Assignee all of the right, title <br />and interest of Assignor:in and to any and all leases and other tenancies now or hereafter made on or with respect to the real <br />Grand Island, <br />aakaie 1ocyt,d in715 717 719r 721t & 731 Church Roadz Nebraska and more particularly described <br />in.Schedyle A hereof, which real.estate:shall be referred to hereinafter as "Premises", including, but not limited tothat certain <br />Lease or there. certain Losses, with modifications,if any, described in Schedule B hereof, covering the Premises; together with, <br />(1) any and:all extensions or renewals thereof, (2) any and all ,guarantees ofthelessee's obligations under any thereof and <br />under any and all extensions or renewals of anytherec4, and (3) all rents, issues, profits, revenues, deposits, earnest money <br />payments, rights and benefits sow or hereafter arising from such lease and tenancies or for the use and occupancy of the <br />Premises, andsny and all .eatensions: and renewals thereof. Said leases and tenancies or other use of the Premises together <br />with any and all guarantees, modifications, extensions, and renewalsthereof shall be sometimes hereinafterreferre, .o as the <br />„Lease" or "Leases" <br />FO$ THE PURPOSE OF SECURING: <br />;ONE: Payment and. performance of each and every debt, liability and obligation of every type and description <br />which Assignor -nay now or anytime hereafter owe to Assignee, including, but not limited to, the indebtednr of Assfrtor <br />secured by that.certain mortgage or dead of trust made by the Assignor to the .Assignee dated January 19_—, <br />and recorded or to be recorded at or prior to the recording of-this Assignment, or any other mortgage or deed of trust hereafter <br />coveringthe whole orany ;part ofthe Premises, (whether such debt, liability, or obligation now exists or is hereafter created 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 />liquidated or rtaliquidated, orjoint, several, or.jointand several, all such debts, liabilities and obligations being herein coller- <br />tively referred to sometimes as the "Obligations"); and <br />TWAD: Performance.and discharge of each and every obligation, covenant and agreement ofAssignor contained <br />herein or in any such .mortgage or deed of trust or any note or hand 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 SECITRITY OF THIS ASSIGNMENT ASSIGNOR AGREES, WITH RESPECT <br />TO EACH LEASE: <br />1. To faithfully abide by, perform and discharge each and every obligation, covenant and agreement of the Lease <br />by Lessor to` beperformed, to . give promptnoticeto the Assignee of any notice of default on the part of Assignor withrespectto <br />the Lease received from Imam or guarantor, together with an accurate and complete copy of any such notice; at the.sole cost <br />and expense of.Assignor,toenforce or secure theperformance of each and every obligation, covenant, condition andagreement <br />of the Lease by the lessee-to beperformed; not to modify or in any way alter the terms of the Lease; not toterminatetheterm of <br />the Lease and not to accept a surrender of the rents thereunder or to waive, excuse, condone or in any manner release or dis- <br />charge the Lessee 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 %herein, and <br />Assignor does by these presents expressly release, -relinquish and surrender unto theAssignee all Aaaignoi a right,power and <br />authority to modify or in any way aitertheterms or-provisions oftheLease, orto terminate the term or accept asurrenderthere- <br />of, and any attempt on the part of the Assignor to excercise any such right without the written authority and consent of the <br />Assignee thereto :being first had and obtained shall constitute a Default of the terms hereof, as defined hereinafter, entitling <br />the Assignee to.declare all sums secured hereby immediately due and payable. <br />2. 4t Assignor's sole cost and expense to appearin and defend any action or proceeding arising under, growing out <br />of or in any manner connected with the Lease or the obligations, duties or liabilities of Lessor, Lessee or guarantor thereunder, <br />and to pay all costs :and- espenow of the Assignee, including attorney's fees in areasonable sum, in any such action orproceed- <br />ing in which the Assignee may appear. <br />3. That should Assignor fail to make any payment or to do any act as herein provided, then the Assiignee, but <br />without obligation so to do and without notice to or demand on Assignor, and without releasing Assignor from any obligation <br />hereof, may make ordothesmeinsuch mariner andto ouch extent as theAssignee may deem necessary to protect the security <br />hereof including specifically, without limiting its general powers, the right to appear in and defend any action or proceeding <br />purporting to affect the security hereof 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 Lease contained; and in exercising any <br />such powers to pay necessary costs and expenses, employ counsel and incur and pay reasonable attorney's fees. <br />4. Topsy immediately upon demand all sums 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 hereby and by the surd mortgage ar deed of trust. } <br />5, That Assignor will not transfer or convey to the Lessee the fee title to the demised Premises, or any part thereof, <br />unless the Lessee assumes in writing and agrees to pay the debt secured hereby in accordance with the terms, convenunts and <br />conditions of the said note or bond secured by said mortgage or deed of trust <br />