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F- 9 86 - 102757 ASSIGNMENT QF LEASES AND RENTS THIS ASSIGNMENT, made this ��' say of i r `. by. �te.� _ -.r. . :: k reading at or having an office &L- (herein called "Assignor' l. to Flnnai Bank, National Association, Omaha, Nebraska its principal ofl ice at Omaha, Nebraska (herein called "Assignee "), L11 It M1111 1�ir_ A 19 `' ng FOR VALUE RECEIVED, Assignor hereby grants, transfers and assigns to the Assignee all of the right, title SSW interest of Assignor in and to any and all )easw and other tenancies now or hereafter made on or with respect to the real estate located and more particularly deser be.i in Schedule A hetreoC which real estate shall be referred to hereinafter as "Premises ", including, but not limited to that certain Lease or those certain Leases, with modifications. if any, described in Schedule 8 hereof, covering the Premises; together with. (1) any and all s or renewals thereof, (2) any and all guarantees of the Im ose's obligations under any thereof and under any and all extensions or rsnewoe of any thereof, and (3) all rents, issues, profits, revenues, deposits, earnest money payments. rights and benefits now or hereafter arising from much lease and tenancies or for the use and occupancy of the Promises, and any and all extensions and renewals thereof. Said leases and tenancies or other use of the Promisee together with any and all guarantees. *modifications, extensions, and renewals thereof shall be sometimes hereinafter referred to as they "Lapse" or ••Leases,., FOR THE PURPOSE OF SECURING: ONE: Payment and performance of each and every debt, liability and obligation of every type and description which Assignor may now or anytime hereafter owe to Assignee, including, but not limited to, the indebtAdnese of Assignor secured by that certain mortgage or deed of trust by the Assignor to the Assignee dated ' 17, 19 and recorded or to be reco )made at or prior to the recording of this Assignment, or any other mortgage or deed of trust hereafter covering the whole or any part of the Promises, (whether such debt, liability. or obligation now exists or is hereafter created or incurred and whether it is or may be direct or indirect, due or to beacons due, absolute or contingent, primary or secondary: liquidated or unliquideted, or joint, several, or joint and several, all such debts, liabilities and obligations being herein collec- tivoly referred to sometimes as the "Obligations "); and TWO: Performance and disc,nar„- of each and every obligation, rovenant and agreement of Assignor contained3 herein or in any such mortgage or deed of )rust 4r any note or bond secured thereby, or in any obligation or any **curing document given in connection with any of the Olmi.gations secured hereby. A. TO PROTECT THE 89CURITY OF THIS ASSIGNMENT ASSIGNOR AGREES, WITH RESPECT TO EACH LEASE: 1. To faithfully abide by, perform and discharge each and every obligation, covenant and agreement of the Lease. 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 the Lease received from I essee or guarantor. together with an accurate and complete copy of any such notice; at the sole cost and expense of Assignor, to enforce or secure the performance of each and every obligation, revenant, condition and agreement of the l.Aaam by the Leese to be performed. not to modify or in any way alter the terms of the lAsse; not to terminate the term of the Loa" and not to accept a surrender of the rents thereunder or to waive, excuse, condone or in any manner release or dis. charge the Lasses thereunder from the obligations, convanants, conditions and agreements by the Leamee to be perforated, including the obligation to pay the rehtal called for thereunder in the manner and at the place and time *pacified therein, and Assignor does by these presents expressly release, relinquish and surrender unto the Assignee all Assignor's right, power and authority to modify or in any way ether the terms or provisions of the Lease, or to terminate the term or accept a surrender there- of, and any attempt on the part of the Assignor to excerd" 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, as defined hereinafter, entitling the Assignee to declare all sums secured hereby immediately due and payable. 2. At Assignor's sole coat and expense to appear in and defend any action or proceeding arising under, growing out of or in any manner connected with the L.eaae or the obligations, duties or liabilities of Lessor, Lesseeor guarantor thereunder, and to pay all costa and espe name of the Assignee, including attorney'a fees ins reasonable sum, in any such action or proceed• ins in which the Assignee away 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 hersof. may make or do the same in such manner and to much extent as the Assignee may deem necessary to protect the secure t y hereot including specifically, without limiting its gemeral 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, erweriant and agreement of Ioseor ,,i the Lease contained; and in exercising any such pewees to pay necessary coats and expenses, employ counsel and incur and pay reasonable attorney's flea. 4. To pay immediately upon demand all sums expended by the Assignee under the authority hereof, together with interest, thereon at the highest rate met forth in any of the Obligations secured hereby, and the some shall he added to the Obli• cations and shall be secured hereby and by the said mortgage or deed of trust. 71 5. That Aaagnor will not truiafor c,r convey to the IAisove the fee title to the demisod 1'rem►ses, sir any part there: :f, the Lie 1 uniees maeumee in wntang and agrees io pay the dsbt secured hereby in accordance with the terms, convenants and conditions, of the staid note or bond "cured by said mortgage tar JV4Ki of trust � �A VV 4.14. k SL 44