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' -.. -1033914 <br />ASSIGNMENT OF LEASES AND RENTS <br />r <br />THIS ASSIGNMXNT.made this ^ ^d day of <br />by Joni Y. yay ^e <br />reetdm at or having anofflcm - 253 J. tocjs�. Gra ^.A 6E91 <br />( hersin called "Assignor), to Rrs7Tor Bank, Neffanaf Association, Omaha, Nebraska having <br />its principal office at Omaha, Nebraska (herein called "Aaatgnes "). <br />wffNESSETH: <br />FOR VALUE RECEIVED, Assignor hereby grants, transfers and assigns to the Assignee all of the right, title <br />and interest of Assignor in and to any and all leases and other tenancies now or hereafter made on or with respect to the real <br />L <br />estate located ia Hai? Ce ❑ ^ +v, t.ebraska and more particularly described <br />in Scher A hereof, which real ssiste sbal l be rerisrrel to hereinafter u "Premise ", including, butnot limited tothat certain <br />Leese oc those arlaia Looms, with modifications. if any, described in Schedule B hereof eowringthe Prmdow. togethw with, <br />(1) any and all extensions or renewals !hereof, (2) any and all °gaarant&ea of the LesaWs obligations under any thereof and <br />under any and all extensions or renewals of any thereof, and (3) all rents, issues, profits, revenues, deposits, earnest money <br />payments, rights and benefits now or hereafter arising *m such lease and tenancies or for the ass and occupancy of the <br />Premises, and any and all extensions and renewals thereof. Said leases and tenancies or other use of the` Promisee together <br />with any and all guarantees, modifications, extensions, and rene -,+L thereof shall be sometimes bweinaftw referred to as the <br />••Lease.. «..��..� <br />FOR THE PURPOSE OF SECURING: <br />ONE: Payment and performance of each and every debt, liability and obligation of every type and description <br />which Assignor may mow or anytime hereaftu owe to Assignee, including, but not limited Co. the i"eli"aee of Aasi"or <br />secured by that eartain moetgap or deed'of trust made by the Assignor to the Assignee dated use <br />and recorded ar to be recorded at or prior to the recording of this Asaignment, or any other mortgage or deed of trust hereafter <br />covering the whole or any part of the Premises, (whether such debt, liability, or obligation now exists or is hereafter created or <br />incuVed and whether it is or may be direct or indirect, due or to become due, absolute or contingent, primary or secondary, <br />liquidated or unligaidated, or joint, several, or joint and several, all such debts, liabilities and obligations being herein collec- <br />tively referred to sometimes as the "Obhgations "Y and <br />TIRO: Performance and discharge of each and every obligation, covenant and agreamentofAssignorcontained <br />heroin or in any such mortgage or deed of trust or any note or bond secured thereby, or in any obligation or any securing <br />document given in connection with any of the Obligations secured hereby. <br />A. TO PROTECT THE SECURITY OF THIS ASSIGNMENT ASSIGNOR AGREES. WITH RESPECT <br />TO EACH LEASE: <br />1. To faithfully abide by, perform and discharge each and every obligation, covenant and agreement of the Lease <br />by Lessor to be performed, to give prompt notice to the Assignee of arty notice of default on the part of Assignor with reaped to <br />the Lease received from !.wee or guarantor, together with an accurate and complete copy of any such notice; at the sole coat <br />and expense of Assignor, to enforce orsecure the performance ofeach and every obligation, covenant, condition and agreement <br />of the L sse by the Lessee to be performed; not to modify or in any way alter the terms of the Leaar, not to terminate the term of <br />the Iwase and not to accept a surrender of the rents thersunder or to waive, excuse, condone or in any manner release or dis- <br />charge the Lessee thereunder from the obligations, convenants, conditions and agreements by the Lessee to be performed, <br />including the obligation to pay the rehtal called for thereunder in the manner and at the place and time specified therein, and <br />Assignor does by these presents expressly relates, relinquish and surrender unto the Assignee all Aaaignor's right, power and <br />authority to modify orin any way alter the terms or provisions of the Lease, or to terminate the term or accept a surrender there- <br />of, and any attempt on the part of the Assignor to excsrd" any such right without the written authority and consent of the <br />Assignee thereto being first had and obtained shall constitute a Default of the terms hereof, as defined hereinafter, entitling <br />the Assignee to declare all sums secured hereby immediately due and payable. <br />2 At Assignor's sole cost and expense to appear in and defend any action or proceeding arising under, growing out <br />of or in any manner connected with the Lease or the obligations, duties or liabilities of Lessor, Lessee or guarantor thereunder, <br />and to pay all costs and expanses of the Assignee, including attorney's fees in a reasonable sum, in any such action or proceed- <br />ing in which the Assignee may appear. <br />3. That should Assignor fail to mains any payment or to do any act as herein provided, then the Asssignee, but <br />without obligation so to do and without notice to or demand on Assignor, and without releasing Assignor from any obligation <br />hereof, may make or de the oamein such manner and to such extent as the Assignee may doom necessary to protectthe security <br />hereof, including specifically, without limiting its general powers, the right to appear in and defend any action or proceeding <br />purporting to affect the security hereof or the rights or powers of the Assignee, and also the right but not the duty to perform <br />and discharge each and every obligation, covenant and agreement of Lessor in the Ieaee contained; and in exercising any <br />such powers to pay necessary comb and expenses. employ counsel and incur and pay reasonable attorney's fur. <br />4. To pay immediately upon demand all sums expended by the Assignee under the authority hereof, together with <br />interest thereon at the highest rate set forth in any of the Obligations secured hereby, and the same &hall be added to the Obli- <br />gations and shall be secured hereby and by the said mcntgage or deed of trust. <br />5. That Assignor will not transfer or convey to the Leases the fee title to the demised Premixes, or any part thereof, <br />.union the Lessee assumes in writing and agrees to pay the debt secured hereby in accordance with the terms, convenante and <br />conditions of the said note or bond secured by said mortgage or deed of trust.} <br />r..c. rn ia... vnI w <br />I <br />