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<br />86-0, 103616
<br />ASSIGNMENT OF LEASES AND RENTS
<br />TRW ASSIGNURM, wade this 3rd day of .:uly 1080
<br />by George P. O'Brien and Ann T. O'Brien, husband . wife
<br />residing at or having an office •t fjand Islanu "ieby,aska
<br />(herein called "Assignee. to frlrs7lor Sank, National Association, Omaha, Nebraska having
<br />he principal ollics at Omaha, Nebraska (herein called "Assigns'.
<br />WrrNESSETH:
<br />FOR VALUE RECEIVED, Assignor hereby grants, transfers, and assigns 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 />state located in Hall County, Nebraska and more particularly described
<br />in Schsdula A hawC which real wets shall be referred to hareinafter as "Promises". including, but not limitedto that certain
<br />Los" or those certain Leases, with modifications, if any, described in Schedule B hereof, covering the Premises; together with.
<br />(t) any and all extensions orseuwals thereof, (2) any and all guarantees of the Lewes's obligations under any thereof and
<br />under any and all extensions or renewals of any thereof, and (3) all rents, issues, profits, revenues, deposits, earnest money
<br />paymehte, rights and benefits now or hereafter arising from such isase and tenancies or for the use and occupancy of the
<br />Promises, and any and all extensions and renewals thereof, Said tosses and tenancies or other use of the Premises together
<br />with any and all guarantees, modifications. extensions, and renewals thereof shill be sometimes hereinafter referred to as the
<br />"lease° or °leases'•.
<br />FOR 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 may now or anytime hereafter owe to Assignee, including, but not limited to, the indebtedness of Assignor
<br />secured by that certain mortgap or deed of treat made by the Assignor to the Assignee dated July e .., ma",
<br />end recorded or to bs recorded at or prior to the am ng of" Assignment, or any other mortgage or deed of trust hereafter
<br />covering the wholeor any pad o(dw Premises. (whether such debt, liability, or obligation now exists or is 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 />liquidated or unliquidated, or joint. several, or joint and several, all such debts, liabilities and obligations being herein collec-
<br />tively referred to sometimes as the 110biigations'7; and
<br />TWO: Performance and discharge of each and every obligation, covenant and agreement ofAssignor contained
<br />herein or in any each mortgage or dead of trust or any note or bond sectored thereby, or in any obligation or any securing
<br />document given in connection with any of the Obligations aecnred hereby.
<br />A. TO PROTECT THE SECURITY 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 bs parfoemed, to give prompt notice to the Assignee of any notice of default on the part of Assignor with respect to
<br />the Lease received from Laos" or guarantor, together with an accurate and complete copy of any such notice; at the sole cost
<br />and expanse of Assignor, to onforceor aacurethe performance of each and every obligation, covenant, condition and agreement
<br />of the loess by the tosses to be performed; not to modify or in any way alter the terms of the Lease; not to terminate the term of
<br />the Lamm 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 Leases thereunder team the obligations, coovenanta, 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 does by those presents expressly release. relinquish and surrender unto the Assignee all Assignor's right, power and
<br />authority to modify orin any way altar the terms or provisions of the Lease, or to terminate the term or accept a surrender there-
<br />of, and any attempt on the part of the Assignor to exeetciaa any such right without the written authority and consent of the
<br />Assignee thereto being Bret 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. At Assignors mote coat and expense to appear in 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 comp and expenses of the Assignee, including attorney's fees in a reasonable mum, in any such action or proceed-
<br />ing in which the Assignee may appear.
<br />3. That should Assignor fail to nuke any payment or to do any act as herein provided, then the Asseignee, 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 emakeordo Owes=* in such mannsrand to ouch extent as the Assignee may deem necessary to protect the security
<br />hereof inclosling specifically, without limiting its general powers, the tight to appear in and defend any action or proceeding
<br />purporting to affect the security heroo[ or the rights or powers of the Assignee, and also the right but not the duty to perform
<br />and discharge arch and every obligation, covenant and agreement of Lessor in the Lease contained; and in exercising any
<br />such power to pay naosessry code and expanses, employ counsel and incur and pay reasonable attorney's fees.
<br />1 To pay immediately upon demand all sums expended by the Assignee under the authority hereof, together with
<br />interest thereon at thr highest rate set forth in any of the Obligations secured hereby, and the same ahall be added to the ObIt.
<br />gaUtma and *hall be secured hereby and by the said mortgage or dead of trust_
<br />f1 That Assignor will nut transfer or convey to the Lassee the fee tale to the demised Promises, or any part thereof,
<br />unless the Lasoms asaunwe in writing and agrees to pay the debt secured hereby in accordance with the terms, convenants and
<br />oundlartas of the said note or bond "curd by said mortgage nr deed of trust.
<br />GC 47e taw Weal"
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