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THIS ASSIGNMENT, made this 29th tiny of October 1986 Everett Morris Pool and Marlene Pool, husband and wife, as Joint tenants with by right of survivorship and not as tenants in common Ong at or having an office at 4197 West Capital Avenue, Grand Island, NE 68801 (herain Called "Assignor'), to FirsTier Hank National Association Omaha, NE having its principal olfQoe at Omaha, Nebraska (herein called "Assignee "), WITNEBSETH: FOR VALUE RECEIVED, Assignor hereby grants, transfers and assigns totheAssignee all oftheright, title 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 estate located in Nall County. Nebraska and more particularly described in Schedule A hereof, which real estate shall be referred to hereinafter as "Premises ", including, but notlimitedto that certain Lease or those certain Leases. with modifications, if any, described in Schedule B hereof, covering the Premises; together with, (1) any and all extensions or renewals thereof, (2) any and all guarantees of the Lessee's obligations under any thereof and under any and all extensions or renewals of any thereof, 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 guarantees, modifications, extensions, and renewal@ thereof shall be sometimes hereinafter referred to as the •L •ease,• or "hesses" FOR THE PURPOSE OF SECURING: ONE: Payment and performance of each and every debt, liability and obligation ofevery type and description which Assignor may now or anytime hereafter owe to Assignee, including, but not limited to, the indebtedn of Am' or secured by that certain mortgage or deed of trust made by the Assignor to the Assignee dated October � lg i and recorded onto be recorded at or 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 obligation now exists or is hereafter creatdor incurred and whether it is or may be direct or indirect, due or to become due, absolute or contingent primary or secondary, liquidated or unliquidated, or joint, several, or joint and several, all such debts, liabilities and obligations being herein collec- tively referred to sometimes as the "Obligations "); and TWO: Performance and discharge of each and every obligation, covenant and agreement of Assignoreontained herein or in any such mortgage or deed of trust or any note or bond secured thereby, or in any obligation or any securing document given in connection with any of the Obligations secured hereby. A. TO PROTECT THE 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 Loom to be performed, to give prompt notice to the Assignee of any notice of default on the part of Assignor with respeetto the Lass received from Lessee or guarantor. together with an accurate and complete copy of any such notice; at the sole cost and expense of Assignor, to enforce or secure the performance of each and every obligation, covenant, condition and agreement of the Leto by the Lases to be performed; not to modify or in any ws;; alter the terms of the Lease; not to terminate the term of the Loess and not to accept a surrender of the rents thereunder or to waive, excuse, condone or in any manner release or die. charge the Loom thereunder from the obligations. convenants, conditions and agreements by the Losses to be performed, mclading the obligation to pay the rental called for thereunder in the manner and at the place and time specified therein, and Assignor doss by these presents expressly release, relinquish and surrender unto the Assignee all Assignor's right, power and authority to modify or in any way alter the terms or provisions of the Lowe, 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 Default of the terms hereof, as defined hereinafter, entitling the Assignee to declare all sums secured hereby immediately due and payable. 2. 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. IAsseeor guarantor thereunder, and to pay aH costs and expenses of the Assignee, including attorney's fees in a 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 Assignee, but without obligation so to do and without notice to or demand on Assignor, and without releasing Assignor from any obligation barest. may make ordo the same in such manner and to such extent as the Assignee may deem necessary to protect the security hsresL including specifically, without limiting its general powers, the right to appear in and defend any action or proceeding " parpse�e� to affect the security hereof or the rights or powers of ;he Assignee, and also the right but not the duty to perform sued diadtargs each and awry, obligation„ covenant and agreement of I+meor in the I axe contained; and in exercising any sa& powers to pay necessary cow and expenses. employ counsel and incur and pay reasonable attorney's fees. 4. Tom immediately spat demand all sums expended by the Assignee under the authority hereof, together with i iatatwt thereon at the highest rate not forth in any of the Obligations secured hereby, and the same shall be adds -i to the Obli- 1L gations and shall be secured hereby and by the said mortgage or deed of trust. li. That Assignor will not transfer or convey to the lAwn the fee title to the demised Premises. or any part thereof. calm a "Loom assumes in writing and agrees to pay the debt secured hereby in accordance with the terms. convenants and cenditimw of the said note ov bond eecured by said mortgage or deed of trust.