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66- 10512~ <br />ASSIGNMENT OF LEASES AND RENTS <br />9th Sep m <br />THIS ASSIGNMENT, mad@ �bM say of teber h <br />Raymond J. O'Connor and iennife O'Connor, husband and wife. and L Is, dvsu Ri:h,rds and 1�ii3F>� f`x?f7 (X9(#XXX+�X�L@C��I.lii X�l7I{�X�4f�[.l'$k44(i4(S ! ` <br />- Su can C. Richards. husband and -Wife <br />;ieiding at or hivini an office ex Grand Island Nebraska <br />MrsTfer Bank, National Association Omaha. Nebraska <br />{heeetn filled "Assignor'7, &@ � waving <br />its principal office at Omaha, Nebraats (heroin called "Aadgnee'q, <br />WITNESBETH: <br />FOR VALUE RECEIVED, Assignor hereby grants, transfers and assigns to the Aesigneeall of the right, title <br />and interest of Assignor in and to any and all Inseam and other tenancies now or hereafter made on or with respect to the real <br />sets&@ located in Hall County Nebraska and more particularly described <br />in Schedule A hareof, which reel estate shall be referred to hereinafter as "Premises" including, but not limited to that certain <br />Lasses or thew certain [sass, with modifications, if any. described in Schedule B hereof, covering the Premises; together with, <br />(1) any and all extensions or renewsls thereof, (2) any and all guarantees of the Issue'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 />paymenta, rights and benefits now or hereafter arising from such lease and tenancies or for the use and occupancy of the <br />Premises, and any and all exte lion@ and renewals thereof. Said lessee and tenancies or other use of the Premises together <br />with any and all guarantees, modifications, extensions, and renewals thereof shall be sometimes hereinafter referred to as the <br />"(soma" or "Less mil. <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 anytims hereafter owe to Assignee, including, but not limited to, the indebtedness of Assignor <br />secured by that certain mortgage or dead of trust made by the Assignor to the Assignee dated seD_ to =er g 19a6 <br />and recorded or to be recorded "me prior to the recording of this Assignment, or any other mortgage or deed of trust heeeaftw <br />covering the whole or my part of the Pnimiess, (whether such debt, liability, or obligation now exists or is hereafter created or <br />- <br />- incurred and whether it is or may be direct or indirect, doe or to become due, absolute or contingent, primary or secondary <br />liquidated or ualiquidated, or joint, several, or joint and several, all such debts, liabilities and obligations being herein coflec- <br />tively rafarted to sometimes as the "Obligations "). and <br />TWO: Performance and discharge of esch and every obligation, covenant and agreementof Assignor containea <br />herein or in any each mortgage or dead of trust or any note or bond secured thereby, or in any obligation or any securing <br />doeoment given is connection with any of the Obligations smeared hereby, <br />A. TO PROTECT THE SECURITY OF THIS ASSIGNMENT ASSIGNOR AGREES, WITH RESPECT <br />TO EACH LEASE: <br />1. To fatil.fully abide by, perform and discharge each and every obligation, covenant and agreement of the Base <br />by Lessor to be performed, to give prompt notice to the Assignee of any notice of default on the part of Assigner with rspactto <br />' <br />the Laame received from Lasses, or guarantor, together with an accurate and complete copy of any such notice; at the sole cost <br />and expense of Assignor. to snforee or scum the performance of each and every obligation, covenant, condition and sgreemettt <br />- of Lhn !sass by tM Lasses to be performed; not to modify or in anyway alter the terms of the Lease; not to terminate the term of <br />the Lomas and not to accept a surrender of the ran&@ thereunder or to waive, excuse, condone or in any manner release or die- <br />charge the Laws thenmader from the obligations, converunts, conditions and agreements by the Lemmas 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 theme presents expressly release, relinquish and surrender unto the Assignee all Assignor's right, power and <br />authority to modify or in any way alter the terns or provisions of the Lease, or to terminate the term or accept a surrender there - <br />of, and any attempt on the pad 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 At Assignor's sole cost 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 ml] costs and expenses 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 an herein provided, then the Assignee, 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 mate or do the same in such manner and to mach extent as the Assignee 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 afiact 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 few. <br />1. To pay 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 some shall be added to the Obli- <br />gations and shall be secured hereby and by the said mortgage or deed of trust. <br />5- That Assignor will not transfer or convey to the Lessee the for title to the demised Premise@, or any pert thertvf, <br />unless the Losses assumes in writing and agrees to pay the debt secured hereby in accordance with the terms, convensnts and <br />conditions of the said note or bond secured by saki mortgage or deed of trust <br />TM <br />r *I+, 0C . t -ai hl <br />