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(hersin Called "Assignor'), to FirsTier Bank, National Association, Omaha, NE having <br />its principal office at Omaha, Nebraska (herein called "Assignee "), <br />FOR VALUE RECEIVED, Assignor hereby grants, transfem and assigns to the Assignee all of the right, tide <br />and interest of Assignor in and to any and all team and other tenancies now or hereafter made on or with respect to the real <br />estate located in Hall County, Nebraska and more particularly described <br />in Schedule A hereof, which real estate shall be referred to hereinafter as "Premises ", including, but not limited to that certain <br />lAww oar those certain Losses, with modifications, if any, describedin Schedule B hereof, covering the Premises; togetherwith, <br />(1) any and all extensions or renewals thereof, (2) any and all guarantees of the Lessee'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 />payments, 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 extensions and renewals thereof. Said leases and tenancies or other use of the Premises together <br />with any and all guarantees, modifications, extensions, and renewals thereof shall be sometimes hereinafterreferred to as the <br />••Lease„ <br />or "Leases"; <br />QNE: 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 Ass- or <br />secured by -t certain mortgage or dead of trust made by the Assignor to the Assignee dated November 4 , 19 <br />and recorded onto be recorded at or prior to the recording of this Assignment, or any other mortgage or deed of trust hereafter <br />covering the whole or any part of the Premises, (whether such debt, liability, or obligation now exists or is hereafter createdor <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 anliquidafed, or joint, several, or joint and several, all such debts, liabilities and obligations being herein collec- <br />tively;referred to sometimes as the "Obligations" Y, and <br />TWO: Performance and discharge of each and every obligation, covenant and agreement of Assignor contained <br />herein or in any such mortgage or deed of trust or any note or bond secured thereby, or in any obligation or any securing <br />document given in connection with any of the Obligations secured hereby. <br />TO PROTECT THE SECURITY OF THIS ASSIGNMENT <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 Lassos to be performed, 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 bosses or guarantor, together with an accurate and complete copy of any such notice; at the sole cost <br />and a:pww ofAasigaoe, toaatorosor secure the performance of each and every obligation, covenant, condition and'a�reement <br />of the iwaee by the Iwases to be performed; not to modify oria any way alter ffie terms of the Lease; not to terminate the term of <br />the L;saae and not to siccapt a surrender of the reate thereunder or to waive, excuse, condone or in any manner release or <br />charge the Lessee thereunder iron the obligstions, convenanb, 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 />Assignordoes by these presents expressly release, relinquish and surrender unto the Assignee all Assignor's right, power and <br />authority "lomodify or in any way alter the terms or provisions ofthe Lease, or to terminate the term or accept a surrender there- <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. 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 orthe obligations. duties or liabilities of Lessor, Iessmor guarantor thereunder, <br />and to pay allcomb 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 as 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 />henot..aay nW ordott someiasachmanaerandtosuchex tentastheAseigneemaydeemnecessarytoprotectthesecurity <br />hweA including specifically, without limiting its general powers, the right to appear in and defend any action or proceeding <br />purporting to afflict 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 wary obligation. covenant and agreement of Lessor in the Lease contained; and in exercising any <br />such powers to pay necessary was and expenses, employ counsel and incur and pay reasonable attorney's fees. <br />4. To pay immediately upon demand all same expended by the Assignee under the authority hereof, together with <br />interest thereon at the highest rate not forth in any of the Obligations secured hereby, and the same shall be added to the Obli- <br />godone <br />and shall be secured hereby and by the said mortgage or deed of trust. <br />b That Assignor will not transfer or convey to the lAssee the fee tick to the demised Promises, or any part thereof, <br />usiess the Losses sawmse in writing and agrees to pay the debtsacured hereby in accordance with the terms, convenanto and <br />conditions of the said note or bond secured by said mortgage or deed of trust. <br />