(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 />
|