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80005188
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1/13/2010 10:57:50 PM
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1/13/2010 10:57:45 PM
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80005188
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so-~a5~.as <br />on real property located in the City of Grand Lsland, County <br />of Sall, and State of Nebraska, such real property being more <br />particularly described in Exhibit "A" attached hereto and made a <br />part hereof, and payment of the indebtedness evidenced by that <br />certain Note of even date in the principal sum of SEVEN HUNDRED <br />~HOCISAND AND 00/i00 DOLLARS ($700,000.00} made by Assignor <br />payable to the order of Assignee, and also secured by a certain <br />Mortgage of even date on such real property described on Exhibit <br />"A` attached hereto. <br />2. Payments of all other sums with interest thereon <br />becoming due and payable to Assignee under the provisions hereof <br />or under the grovisions of s$id Notes and Mortgages. <br />3. The performance and discharge of P3ch and every obliga- <br />tion, covenant, and agreement of Assignor herein and in said <br />Notes and Mortgages contained. <br />TO PROTECT T88 SECURITY OF THIS ASSIGNMENT ASSIGNOR COVENANTS: <br />1. To observe and perform all of the obligations im- <br />posed upon the Lessor in said lease and not to do or permit <br />to be done anything to impair the security thereof; not to <br />collect any of the rent, income and profits arising or accruing <br />froe the premises hereinbefore described in advance of the time <br />when the same become due under the terms of said lease; not to <br />discount any future accruing rents; not to execute any other <br />Assignment of Lease or Assignment of Rents of said premises <br />unless the sage is subordinate to this Assignment and Assignee's <br />rights- hereunder, and not to alter, modify or change the terms of <br />the aforesaid lease, or surrender. calcel or terminate the same <br />withatit the prior written consent of Assignee. <br />2. To assign and transfer to Assiynee any and all future <br />leases upon all or any part of the mortgaged premises and to <br />execute and deliver, at the request of the Assignee, all such <br />further assurance and assignments in the premises as Assignee <br />shall from time to time require. <br />IT IS !lUTt1ALLY AGREED <br />i. So long as th i exist no default which is not <br />curad a within 30 days after notice except <br />that ~ notice shall be quired in the event of a voluntary <br />bankruptcy {`default"} by Assignor in the payment of any indebted- <br />ness secured hereby or in the gerformance of any obligation, <br />covenant, or agreement herein or in said mortgage or lease, <br />contained, Assignor shall have the r£ght to collect upon, but not <br />prior to accrual, all rents, issues and grofits from said mortgaged <br />premises and to retain, use and enjoy the same. <br />2. Upon or at any tine after default in the payment of any <br />indebtedness secured hereby or in tits performance of any obiiga- <br />tion, covernant ar agreement herein or in said Mortgages or lease <br />contained, Assignee, without in any way waiving such default, may <br />at its option take gossess£on of the mortgaged premises and have, <br />hold, manage. 3ease and operate the same on such terms and for <br />such par£ad of tine as the Assignee may deem proper; and may <br />collect and receivr ail rents, issues and profits of the mort- <br />gaged prsmises, with foil power to Hake from time to time altera- <br />- z - <br />
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