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$6- 103543 ASSIGNMENT OF LEASES AND RENTS THIS ASSIGNMENT. mid@ this = day of by Vane's El:act_ric, residing at or having an office at ' g lan`i 3 •,:r.1s�a (herein called "Assignor'), to Flrg77ar Bank, IWltlonal Assoclatlon, Omaha, Nebraska its principal office at Omaha, Nebraska (Mersin called "Assignee"), 1TMESSETH: 19 < ;k, FOR VALUE RECEIVED, Assignor hereby grants, transfers and "signs to the Assignee all of the right, title and interyst of Assignor in and to any and all leasse and other tenancies now or hereafter made on or with respect to the real estate located in Fall ",-wnt a ',,zebra,; a and more particularly described in Schedule A hereof, which real estate shall be referred to hereinafter as "Premises". including, but not limited to that certain lease or those certain Leases, with modifications, if any, described in Schedule 8 hereof, covering the Premises; together with, (1) any and all extensions or renewals thereof. (Z) may and all guarantees of the iwssee's obligations under any thereof and under any and all extensions or renewals of any thersof, and (3) all rents, issues, profits, revenues, deposits, earnest money payments, rights and benefits now or hereafter arising from such lease and tenancies or for the use and occupancy of the Premises, and any and all extensions and renewals thereof. Said leases and tenancies or other use of the Premises together with any and all guarants", modifications, extensions, and renewals thereof shall be sometimes hereinafter referred to "the "I sass" or "leases FOR THE PURPOSE OF SECURING: ONE: Payment and performance of each and every debt, liability and obligation of every type and description which Assignor may now or anytime hereafter owe to Assignee, including, but not limited to, the indebtedness of Assignor assured by that certain mortgage or dead of tmrast made by the Assignor to the Assignee dated , I r I t_, 18 'o and recorded or to be recorded star prior to the recording of this Assignment, or any other mortgage or deed of trust hereafter covering the whole or any part of the Premises, (whether such debt, liability, or tibligation now exista or is hereafter created or incurred and whether it is or may bo direct or indirect, due or to become d. — aeluty or contingent, primary or secondary, liquidated or unliquidated, or joint, several, or joint and several, all such, abts, liabilities and obligations being herein collec- tive)y referred to sometimes " the "Obligations"); and TWO: Performance and discharge of each and every o:. ,ptiou, covenant and agreement of Assignorcontaineci herein or in any such mortgage or dead of truat or any note or bona secured thereby, or in any obligation or any securing document given in connection with any of the Obligations secured hereby. A. TO PROTECT THR SECURITY OF THIS ASSIGNMENT ASSIGNOR AGREES. WITH RESPECT TO EACH LEASE: 1. To faithfully abide by, perform and discharge each and every obligation, covenant and agreement of the Lease by L,saaor to be performed, to give prompt notice to the Assignee of any notice of default on the part of Asaignor with respect to the Lease received from Lessee or guarantor, together with an accurate and complete copy of any such notice; at the sole coat and expense of Assignor. to enforce or secure the performance of each and every obligation, covenant, condition and agreement of the Loris by the tosses to be performed; not to modify or in anyway alter the terms of the Lease; not to terminate the term of the tens and not to accept a surrender of the rents thereunder or to waive, excuse, condone or in any manner raise" or dis- charge the Lessee thereander from the obligations, convenante, conditions and agreements by the Leases to be performed, including the obligation to pay the rental called for thereunder in the manner and at the place and time specified therein, and Assignor does by the" presents expressly release, relinquish and surrender unto the Assignee all Assignors right, power and authority to modify or in any way alter the terms or provisions *(the Lease, or to terminate the term or accept a surrender there- of, and any attempt on the part of the Assignor to excercise any such right without the written authority and consent of the Assignee thereto being first had and obtained shall constitute a Uefouit of the terms hereof, as defined hereinafter, entitling the Assigns* to declare all some secured hereby immediately due and payable. Z At Assignor's sole cost and expense to appear in and defend any action or proceeding arising under, growing out of or in any manner connected with the Lease or the obligations, duties or liabilities of Lessor, Lessee or guarantor thereunder, and to pay all coats and expenses of the Assignee, including attorney's fees in • reasonable sum, in any such action or proceed- ing in which the Assignee may appear. 3. That should Assignor fail to make any payment or to do any act as herein provided, then the Assaignee, but without obligation so to do and without notice to or demand on Assignor, and without releasing Assignor from any obligation hereof, may make or do the ssme in such manner and to such extent"the Assignee may deem necessary to protect the security hereof, including specifically, without limiting its general powers, the right to appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of the Assignee, and also the right but not the duty to perform and discharge each and every obligation, covenant and agreement of lessor in the Lease contained; and in exercising any each powers to pay necessary costs and expanses, employ counsel and incur and pay reasonable attorney's fees. !. To pay immediately upon demand all sums expended by the Assignee under the authority hereof, together with interest thereon at the hi ;hest rate oat forth in any of the Obligations secured hereby, and the same shall be added to the Oblr gottons and shall be secured hereby and by the said mortgage or deed of trust. 3 That Assignor will not transfer or convey to the ["seethe fee title to the demised !'remises, or any part thereof, unless the [closes aassmes in writing and agrees to pay the debt secured herebv in accordance with the terms, conven ants and conditions of the said note or bond secured by said mortgage or deed of trust C 1 it* , M. c,s., r.