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80-.:
<br />It is expressly covenanted and agreed by the undersigned Assignors
<br />that at [he Cime of the execution and delivery of this Assignment there has been
<br />no anticipation or prepayment of any rents by any of the tenants occupying the
<br />above-described property or by any of the lessees in any of the above-mentioned
<br />leases.
<br />It is further covenanted and agreed that all leases or subleases covering
<br />all or any par[ of said premises shall be approved by First Federal, its successors
<br />or assigns, prior to the execution thereof. The execution of any such lease or
<br />sublease without first obtaining such approval shall cause said Tease or sublease to
<br />be void and of no effect and shall constitute a default of said Note.
<br />Nothing herein contained shall be construed as making First Federal, or its
<br />successors or assigns, a mortgagee in possession, nor shall Fi ~t Federal, or its
<br />successors or assigns, be liable for laches, or failure to collect said rents, issues,
<br />profits, rights and benefits.
<br />IT IS UNDERSTOOD, AND AGREED, that neither the existence of this Assignment
<br />nor the exercise of its privileges to collect said rents, issues, profits, rights
<br />and benefits hereunder, shall be construed as a waiver by First Federal, or its
<br />successors or assigns, of the right to enforce payment of the debt hereinabove
<br />mentioned, in strict accordance with the terms and provisions of said Mortgage atad
<br />Note for which this Assignment is given as additional security.
<br />IN WITNESS {JHEREOF, the undersigned have executed this instrument the day
<br />and year first above written.
<br />TA~'VA Development Go . , _ a partnership
<br />'~ _ °~~~/ ~' r
<br />B:~,, en ~ ~ . Garret ; ;_ artner
<br />Lf J' '~
<br />By: eresa 'i. Garrett, artner
<br />By • ert t e ~er~ , a~tner
<br />`'S~ ~ ! ,
<br />i~,~~2~~- ~~ ~`'~~" y Vin,,
<br />By: y~icy ~F~ieeler, Partner
<br />STATE flF ?TEBRASKA }
<br />ss
<br />OWNIY OF flAl~. )
<br />On this 19th day of Jtme . 1980, before me,•the tmdersigned,
<br />a Notary~licin alai for said Cotutty, personally came Warren B. Garrett, 'Theresa .i.
<br />Garrett, Hubert J. Wheeler and Nancy L. tmeeler, Partners of TANA Development Co., a
<br />partnership, personally ~alown to me to be the identical persons cahose names are affixed
<br />to the above and foregoing instr+.ment, and each acknaaledged said irstna~~ent to be his
<br />or her wltmrary act and deed.
<br />iJitness my hand and notarial seal at Grand Island, :~'ebraska the date ia$t above ~n-itten.
<br />Stsan D. Tlmmyset; __
<br />i34.-~ -='3- iRot2_ry f lice
<br />=. ~~~ hi~igSKA
<br />ceu..,;,,:n ~. :~
<br />2ty Co~eiission Expires A~;i~,~t ~4,.~1~~
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