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<br />~q~ u~.~1~~5 <br />ASSIGNMENT OF LEASES, RENTS AND PROFSTS <br />THIS ASSIGNMENT, made this 5th day of February ~ 1g 79 <br />by HARDkTARP T.ANn rD. (1F (:RANTS TST.AkD, 7TT1. <br />(herein r_alled "Assignors"j, to <br />FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF LINCOLN, having its principal place <br />of business in Lincoln, Nebraska (herein called "First Federal"j; <br />WITNESSETH: For value received and as additional security for the loan <br />hereinafter mentioned, Assignors hereby sell, transfer and assign unto First Federal, <br />its successors and assigns, all right, title and interest of Assignors in and to the <br />rents, issues, profits, rights and benefits from the property described below: <br />SEE ATTACHED EXfiIBIT A. <br />And to that end Assignors hereby assign and set over unto First Federal, <br />its successors or assigns, all leases or subleases of said premises now made, executed <br />or delivered, whether written or verbal, or to be hereafter made, be the same written <br />or verbal. <br />And the Assignors do hereby authorize cad empower First Federal, its <br />successors or assigns, without notice and without regard to the adequacy of the <br />security for the indebtedness secured hereby, to take possession of said real <br />estate and chattels, to rent and manage the same, and to sue for ar atherwise <br />collect the said rents, issues, profits, rights and benefits, as they shall become <br />due, and hereby direct each and all of the tenants of the afaresaid premises to gay <br />such rents as may now be due or shall hereafter become due to said First Federal, <br />its successors or assigns, upon demand for payment thereof by First Federal, its <br />successors or assigns. It is understand and agreed, however, that no such demand <br />shall be made unless and until there has been a default in the payment of the <br />indebtedness secured by the Mortgage and Financing Statement herein mentioned, or <br />default is the payment of any other sums secured by said Mortgage or Financing <br />Statement, and, until such demand is made, Assignors are authorized to collect, <br />or continue collecting said rents, issues, profits, rights and benefits; but <br />that such privilege to collect or continue collecting, as aforesaid by Assignors <br />shall not operate to permit the collection by said Assignors, their successors or <br />assigns, or nay installment of rent in advance of the date prescribed in said <br />lease or leases for the payment thereof, First Federal may retain or pay from <br />such rents, issues, profits, rights and benefits collected by it reasonable fees <br />far management and rental services rendered by it or those employed by it, all <br />costs and expenses of collection, including reasonable attorneys' fees, and may <br />also use the same to make goad any such defaults and to pay taxes, insurance <br />premiums, expenses of repair and maintenance and all other expenses involved in <br />the groper management of said premises, and shall pay any surplus then remaining <br />to Assignors, <br />The term of this Assignment shall be until the Note {or any extension or <br />renewal thereof) of even date herewith, made, executed and delivered by <br />HARDWARE LAF3D CO. OF GRAND ISLAND, LTD. for the sum of $ 620.000.00 <br />and secured by a Mortgage covering said premises and a Financing Statement covering <br />certain fixtures cad equipment situate on said premises, shall have been fully paid <br />and satisfied, or until the expiration of the period of redemption, if any, at which <br />dine ttcis Assignment is to be fully satisfied, cancelled and released; and the <br />releasing of said Mortgage and Financing Statement shall constitute a release hereof. <br />This Assignment is given as additional security for the performance of each <br />and all of the obligations and covenants of the Note and Mortgage above-described <br />(or any exCension or renewal thereof). <br />-1- <br />