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86, 106857 ASSIGNMENT OF LEASES AND RENTS THIS ASSIGNMENT, made this---!8th day of November L91-6— by Colleen M Goodwin and James D. Goodwin. wife and husband residing at or having an office at 415 W 2nd Grand Island. NE 68801 ,,m,d.•A,dx,a.,•).m PirsTier Bank National Association waving its principal office at Omaha, Nebraska (herein called "Assignee "). WITNESSETH: FOR VALUE RECEIVED, Assignor hereby grants, transfers and "signs to the Assignee all of the right, title 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 estate located in Hall County, Nebraska and more particularly described in Scbeduls A hereof, which real estate shall be referred to hereinafter as "Premises ", including, but not limited tothat certain Lease or those certain Leases, with modifications, if any, described in Schedule B hereof, covering the Premises; together with, (1) any and all extensions or retewsk thereof; (2) any and all guarantees of the Lessee's obligations under any thereof and under any and all extensions or renewals of any thereof, and (3) all rents, issues, profits, revenues, deposits, earnest money payments, rights and benefits now or hereafter arising fiom such lease and tenancies or for the use and occupancy of the Premises, and any and all extensions and renewals thereof. Said leases and tenancies or other use of the Premises together with any and all guarantees, modifications, extensions. and renewals thereof shall be sometimes hereinafterreferred to as the FOR THE PURPOSE OF SECURING: ONE: Payment and performance of each and every debt, liability and obligation of every type and description which Assignor may now or anytime hereafter owe to Assignee, including, but not limited to, the indebtedness of Assiganor secured by that certain mortgage or deed of tract made by the Assignor to the Assignoe dated 11 12 19-3&_ and recorded or to be recorded at or pry to the recording of this Assignment, or any other mortgage or deed of trust hereafter ewvermg the whole qr any part of the Premises. (whether such debt, liability, or obligation now exists or is hereafter created or inewred and whether it is or may be direct or indirect, due or to become due, absolute or contingent, primary or secondary, yyyidated or unliquidated, or joint, several, or joint and several, all such debts, liabilities and obligations being herein collec- tively referred to sometimes as the "Obligations'); and TWO: performance and discharge of each and every obligation, covenant and agreement of Assignor contained herein or in any snch. mortgage or deed of trust or any note or bond secured thereby, or in any obligation or any securing document given in connection with any of the Obligations secured hereby. A. TO PROTECT THE SECURITY OF THIS ASSIGNMENT ASSIGNOR AGREES, WITH RESPECT TO EACH LEASE: 1. To faithfully abide by, perform and discharge each and every obligation, covenant and agreement of the Lease by Lessor to be performed, to give prompt notice to the Assignee of any notice of default on the part of Assignor with respect to the Leese received from Lessee or guarantor, together with an accurate and complete copy of any such notice; at the sole cost and expanse of Assignor, to enforce orsecure the performance of each and every obligation, covenant, condition and agreement of the Lease by the Lessee to be performed; not to modify or in any way alter the terms of the Lease; notto terminate the term of the Lease and not to accept a surrender of the rents thereunder or to waive, excuse, condone or in any manna release or dis- charge the Lapse thereunder from the obligations, convenants, conditions and agreements by the 1"ese to be performed, including the obligation to pay the rental called for thereunder in the manner and at the place and time specified therein, and Assignor doge by these pressmts expressly release. relinquish arm surrender Hato the Assignee aA Assignor's right, power and authority to modifyorin any way alterthe termsorprovisionsofthe Lease, or W terminatethe term oracxept asurrenderthero- of, and any atteampt on the part of the Assignor to exoexc�se any such right without the written authority and consent of the �Aaaignde�cla a alltsnms secured hereby immediately due anad paysbleterma hereof, as defined hereinafiter. entitling 2. At Aasigmor's sole cost and expense to appear in and defend any action or proceeding arising under, growing out of or in any manner connected with the Lease orthe obligations, duties or liabilities of Lessor, Lesaeeor guarantorthereunder, and to pay all costa and expanses of the Assignee, including attorney's fees in a reasonable sum, in any such action or proceed - ing in which the Assignee may appear. 3. That should Assignor fail to make any payment or to do any act as herein provided, then the Asssignee, but without obligation so to do and without noticeto or demand on Assignor, and withoutreleasing Assignor from any obligation hwwt any make ordo the same in such manner andto such extent asthe Assignee may desert necessary to protect the security her*4 including specifically, without limiting its general powers, the right to appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of the Assignee, and also the right but not the duty to perform and discharge each 'and every obligation, covenant and agreement of Lessor in the Lease contained; and in exercising any such powers to pay necessary costs and expanses. employ counsel and incur and pay reasonable attorney's fees. 4. To pay immediately upon demand all sum expended by the Assignee under the authority hereof, together with interest thereon at the highest rate not forth in any of the Obligations secured hereby, and the same shall be added to the Obli- gations and shall be secured hereby and by the said mortgage or deed of trust. 5. That Assignor will not transfer or convey to the Lessee the fee title to the demised Premises, or any part thereof, anises the Losses asswaee in writing and agrees to pay the debt secured hereby in accordance with the terms, convenants and conditions of the said now or bond secured by said mortgage or deed of trust.