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<br />ss_ 105669
<br />ASSIGNMENT OF LEASES AND RENTS
<br />THIS ASSIGNMENT. made this 1st hay of October 19 86—
<br />by Kenneth L. Mueller and Joan L. Mueller, husband & wife
<br />molding at or having an otfios at Grand Island Nebraska
<br />therein called "Assignor"). to P1rOlw Hank, NaHortal Aattoalation, Omaha, Nebraska having
<br />an prindpd office at Omaha, Nebraska ( hesin called "Aaagaaa').
<br />FOR VALUE RECEIVED. Assignor hereby granta. transfers and assigns to the Assignee all of the right, tits
<br />and interest of Assignor in and to any and all saris and other tenancies now or hereafter made on or with respect to the real
<br />aerate orated in Hall County, Nebraska and mare particularly described
<br />in Schedas A besot which red estate shall be referred to hereinafter as "Pmuieee ". including, but notlimited to thatcertain
<br />Lwasear tbass aetain Lesson, with nslificedons6 if any, described in Schedule 8 hereof, covering the Premises; together with,
<br />(I) any and aH es tenderis at renewals thereof, (2) any and all guarantees of the Luasse's obligations tinder any thereof and
<br />under may and all eatureione or renewals of any tbeesot and (3) all rents, issues, profits, revenues, deposits. earnest money
<br />peymantm, rights and behafits now or hereafter arising from each lease and tenancies or for the ass and occupancy of the
<br />promises, and any and all extaaioas and renewals thereof. Said leases and tev anc m or other nee of the Premises together
<br />with any and all guarantees. modifications, ex tensions, and renewals thereof shall be sometimes hersinafterreferred to as the
<br />"Louse" or "I.aesea ";
<br />FOR THE PURPOSE OF SECURING:
<br />ON& Payment and performance of each and every debt, liability and obligation of every type and description
<br />which Assignor may now or anydw hasafter owe to Assignee, inducing, but not limited to, 9!indr�beedglw of Asa�nor
<br />secured by that certain (gaga or dad of 11:ust made by the Assignor to the Assignee dated cto r 1986
<br />and recorded or to be old at or prior M the mending of this Assignment, -any other mortgage or deed of trust herafter
<br />covering the whole orany part of the Preednes, (whether sach debt, liability, or obligation now exists oris hereafter created or
<br />incarred and whadw it is or nay be tired or indirect, des or to become due, absolute or contingent, primary or secondary,
<br />liquidated or uoli luidaled. ar joint. several. or joint and several. all such debts, liabilities and obligations being herein collec-
<br />tively rsterred to sometimes as the "Obligations ->; and
<br />TWO:Porionsu nce anddischargeofeachandevery obligation, covenantandagreementofAssignorcontained
<br />herein or in any arch mortgage or dud of but or any note or bond secured thereby, or in any obligation or any securing
<br />document given in oenaactsn whit any of the Obligations sscvrd 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 Lasser to be perfwmed, to give prodpt notice to the Assignee of any notice of default on the part of Assignor with respect to
<br />tha I was received from Lessee or guarantor. together with an accurate and complete copy of any each notice: at the sole cost
<br />and expense of Assignor. toenfarceorsecure the performance ofesch and every obligation, covenant. condition and agreement
<br />of the IAase by the L Amue to be performed; not to modify or in any way altar Vw terms of the Loris; not to terminate the term of
<br />the Lease and not to accept a aurrsadar of the rants thereunder oe to waive, excuse, condone or in any manner release or dis•
<br />charge the Lessee thereunder him the obligations, convenants, conditions and agreements by the L ease to be performed.
<br />indading theobhgafion to pay the restd called for thereunder in the manner and at the place and time specified therein, and
<br />Assignor does by these presents expressly release, relinquish and surreder unto the Assignee all Assignor's right, power and
<br />authority tomodifyorin any way alter the termsor provisiooa of the I.ssee.or to terminate thetermoraccept a aamnderthere-
<br />of, and any attempt on the part of the Assignor to excercies any each right without the written authority and consent of the
<br />Assignee thereto being first had and obtained shall constitute a Default of the term, hereof, as defined hereinafter. entitling
<br />the Assignee to declare all cams secured hereby immediately due and payable.
<br />2 At Asagnor's sole cwt and expense to appear in and defend any action or proceeding arising under, growing out
<br />of oe many manner connected with the Kass or theobligafiona.datiesor liabilities of Lessor, Lanseeorguarantor thereunder,
<br />and to pay all costs and expesrss of the Assignee, including attorneys 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 ee herein provided. then the Aseeignee, but
<br />without obligation so to do and withwt notice to or demand on Assignor, and without releasing Assignor from any obligation
<br />hereof, may males or do the same in each manner and tosach extent as the Assignee may deem necessary to protect the security
<br />hesaf, iacudio g epsafically, wiiboat 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 dirty to perform
<br />and discharge each and every obligation. covenant and agreement of Lesser in the lasse contained; and in exercising any
<br />each powers to pay necessary costa and expenses, employ courted and incur and pay resssnable attorney's fees.
<br />{- To pay immediately upon demand all same expanded 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 />S. 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 sesames in writing and agrees to pay the debt secured hereby in accordance with the terms, con venants and
<br />conditions of the said note or bond secured by said mortgage or deed of trust.
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