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80-004041 (Unconditioaai redssignmeat) - -- ASSIGNMENT QF REAL ESTATE LEASE AND AGREEMENT This assignment of lease and agreement made and entered into by and between LAWREN(;E W. HAKE ,M. D. AND S. JOYCE HAKE (Lessee -hereinafter called "Borrower"); m,d_UROIAGICAL ASSOCIATES OF GRAND ISLAND, P.C. (hereinafter called "Lessor"); and THE FIRST :NATIONAL BANK OF GRAND ISLAND (hereinafter called "Assignee"); Witneaeeth: - W6ercae, Borrower has heretofore leased from Lessor certain real property by lease dated 3UNE I , Y980 - ,recorded in Book ,Page , ofl!the remr~ds of the County of HALL -State of NEBRASKA for a term of 20 i years, and described as follows• LOTONE (1) MEDICAL PARK FOURTH SUBDIVISION;!', HALL~COUNTY, NEBRASKA And, W6xreaa, Assignee has authorized Lhe making of a loan to Borro~n~er in the cxr:ount of $-400 , 000.00 due and payable on or before--Dtcemher 41 _ 7 non And, Whereas, such loan is for the benefit of both Borrower and Lessor, in that the funds are to 6e used for the benefit of the business conducted on the leased premises; Now, Therefore, for and in consideration of the premises and of disbursement of said loan or any part thereof, Borrower, with the consent of Lessor, hereby Assigns, Trsnsfes and Conveys curio Assignee the lease above described To Nave and To Hoid the same fo: and during the remainder of the teen mentioned in the lease, and all renewals and extensions of said term. A. Borrower and Censor further Covenant and Agree: 1. Borrower is not now in default in the performance of lease; and Borrower and Lessor will each perform the covenants and conditions required of him by said lease for the term of said loan and any extensions or renewal of it. 2. Except as otherwise hereto permitted, Borrower and Lessor will not, alone or by agreement between them, modify or terminate send lease without consent of Assignee. 3. In the event of defatilt by Borrower under `he terms of said lease, Lessor shall have the right to terminate said lease in accordance with its terms, Provided, However, Lessor shall first give Assignee fi0 days written notice of such default and the right, ni the option of Assignee, during such period, to cure such default;, and during such period, Lessor will take no action to enforce its claim arising from such default without Assignee's consent. U the event of any default by Borrower in .the performance of any of the obligations of his note to Assignee evidencing the aforesaid loan, arty renewal or extension thereof, a mty other agreement made in connection therewith, including his agreements herein, then, Assignee, at its optimrmay, without notice, using such force as may 6e necessmy, enter said ]eased premises and do any one or more of the following: a. Remove all property of Borrower therefrom that is hypothecated as rnllateral for its aforementioned loon.