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86-- 106923 <br />ASSIGNMENT OF LEASES AND RENTS <br />THIS ASSIGNMENT, need, this 22nd day of October to 86 <br />by Eugene G. Weinrich and Clarice Weinrich, husband & wife <br />resicling at or having an oftice Wood River, Nebraska <br />(h+rsin called " ,i, fGsTf�r BsMr, Netlorul /ittwcNflotc, Omaha, Nebraska having <br />its principal effim st Omaha. NAnuka (hersin'eallsd "Assign.*'). <br />FOR VALUE andintsnstofAssignor and �togannand,all Io nand hetenanciesnow hen made on all oftheto heteal <br />reapect to the real <br />mob {eeatad its Hall County, Nebraska and more <br />particularly doonibed <br />in Sehodale A hereof which red estate @hall be referred to hereinafter as "Premises ",indudin& but not limited to that certain <br />Leaseer thusecertain Loereo, with modiffeatiows .ifany.dosambrdinSchedule 8 beeaof amonngthePromiaos toptherwrith, <br />(1) any and all embmioeo or renewals thersoC (2) any and all guarantees of the Iweaoo'a obligations under my thereof and <br />under my and all enbadsn or renewals of say thereof, and (3) all rents, mosses, profits, mvsna.*, deposits, earnest money <br />p wmenb. rim and beos6fs now at hereafter arising from such bass and tenancies or for the use and owspeney of the <br />Premises, and my and all extensions and renewals thereof. Said losses and tenancies or other use 3f the Promises together <br />with any and all gmarmbes, sodil esdams, exter Toms, and renewals thereof shall besometimsr heninaftw referred to as the <br />" fie" or "Isaom"; <br />FOR THE PI7RPO6E OF SECURING: <br />ONE: Payment mad performance stanch and eery dobt, liability and obligation of every type and description <br />which Assignor may now or m wd m hereafter owe to Assggme% including, but not limited to, t1 o of Ma r <br />seemed by that aerI is mortgae or And of trot made by the Assignor to the =— OW tober 2 19a-- <br />and recorded or to be meoeio I storyeier tothe reooeding oftbim Asignmont. or any other maetgmp or dead of trmet hereafter <br />covering : w� part of tles Promises. (whottwr each debt. liability, or obligation now esimb mrio hoealtercemtod or <br />may, be director indirect, due or to become doe, absolute or coatinpnt, primary or secondary, <br />liquidated a r mnliquidetod, or joint, several, or joint and several, all such debts. liabilities and obligations being herein collec- <br />Uvwy roterraa to sometimes s the "Obligations "k and <br />TWO: Perfinmanoe and discharge of each and everyobligation, covenantmd agreementofAssignercontained <br />herein or is any sorb mortgage or deed of trust or any note or bond second thereby. or in any obligation or any securing <br />dotnsent given in comewbom with any of the Obligations secured hereby. <br />A. TO PROTECT THE SECURITY OF THIS ASSIGNMENT ASSIGNOR AGREES. WITH RESPECT <br />TO EACH IJ ABE: <br />1. To faithfully abide by. perform and discharge each and every obligation, covenant and agreement of the Lsoe <br />by Leaser to be performed. to give prompt notice to the Assianse of any notice of default on the partofAssignor with rospea to <br />the Las.* received from Iwesse or guarantor, together with as accurate and complete copy of any such aot ce; at the sole poet <br />sadeq er e(Aa igew tesuf oroeor cmethoperfocmanceofeschandevoryobl igation,covenant, condition and spearmint <br />of the Losses by the Lmm* to be performed; not to modify aria anyway alter the term of the losses; motto teeminatethe term of <br />the lAm a and motto sompt a surrerndrr of the rents thereunder or to waive, excuse. condone win any mummer release or dis- <br />charge the Lessee thereaodur fins the obligations, conveys mte, conditions and agreements by the tmese to be performed. <br />including the obligation to pay the rental called for thereunder is the manner and at the place and time specified therein, and <br />Assignor dose by these preaeaSo espesely roles.*, ruli nquiah and sarrender ante theAsigos all Assignor's right, power and <br />authority to modify or in my way alter ths terms or provisions ofthe Loses. orto terminate the term or accept assrremdwthere. <br />of, and my attempt on the part of the Assignor to excerciee any each right without the written authority and consent of the <br />Assigns thereto being first had and obtained shall constiate a Default of the teems hereof, as defined hereinafter, entitling <br />the Amigos to declare ail ouas se— 'hereby immediately der and payable. <br />I At Assiguor's sole cost and expense to appear in and defend any action or proceeding arising under, growing out <br />of or is any mummer conneded with the Leasaortheobligatioms,duties or liabilities ofl m oor.Iwseesorguarantorthereunder. <br />and to pay all costa and expenses of the Asignek including attorney's fesein a reasonable sum, in any each actionor proceed. <br />ing b wriddr the Assignee may appear. <br />& That should Assignor fail to mats any payment or to do any act as herein provided, then the Asesignes, but <br />without obligation so to do and without notice to or demand an Assignor, and without releasing Assignor from any obligation <br />hereof; may makeerdotbownsim each memmerandto ezientastheAsssgnse may doom neoewmryto protect thesecurity <br />n <br />beef es induding specifically. without Unit its general pewees, the right to appear im and defend any action or proceeding <br />pnrpoeting to oiled the security hereof or the rights or powers of the Assignee, and also the right but not the duty to perform <br />sad dime each and every obligation. covenant and agreement of Lessor in the tosser contained; and in exercising any <br />arch powers M pay mammary assts and eapsmook employ eoum est and incur and pay reasonable attorney's hes. <br />e. To pay immediately upon demand all eama expanded by the Assignee under the authority hereof, together with <br />interest thereem at the highest rate set forth in any of the Obligations secured hereby. and the same shall be added to the Obli- <br />gaboas and shall be seemed busby and by the said mortgage or dead of truer. <br />5. That Assignor will not transfer or convey to the Leases the fee tick to the demiaad Premises, or any part thereof, <br />unless the Lame seeamse in writing and across to pay the debt owered hereby in accordance with the terms, convenants and <br />oomdi,domm of the said note or bond secured by said mortgage or deed of trust. <br />c.cmfan wait <br />