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the Leases, or by reason of this Assignment or by reason of any action taken by Assignee or Assignor hereunder,
<br />and from and against any and all claims and demands whatsoever which may be asserted against Assignee by
<br />reason of any alleged obligation or undertaking on its part to perform or discharge any of the terms, covenants
<br />and conditions contained in any of the Leases. Should Assignee incur any such liabilities, losses, damages or
<br />expenses, the amount thereof, together with interest thereon at the rate set forth in the Note, shall be payable by
<br />Assignor to Assignee immediately upon demand therefore, or at the option of Assignee, Assignee may reimburse
<br />itself therefor out of any Rents collected by Assignee. Nothing contained herein shall operate or be construed to
<br />obligate Assignee to perform any of the terms, covenants and conditions contained in any of the leases or
<br />otherwise to impose any obligation upon Assignee with respect to any of the Leases. This Assignment shall not
<br />operate to place upon Assignee any responsibility for the operation, control, care, management or repair of the
<br />Premises, and the execution of this Assignment by Assignor shall constitute conclusive evidence that all
<br />responsibility for the operation, control, care, management and repair of the Premises is and shall be that of
<br />Assignor.
<br />9. Further Assurances. Assignor agrees to execute and deliver to Assignee, at any time or times during which this
<br />Assignment shall be in effect, such further instruments as Assignee may deem necessary to make effective or
<br />more effective this Assignment and the covenants of Assignor herein contained.
<br />10. No Waiver. Failure of Assignee to avail itself of any of the terms, covenants and conditions of this Assignment
<br />for any period of time, or any time or times, shall not be construed or deemed to be a waiver of any of its rights
<br />hereunder. The rights and remedies of Assignee under this Assignment are cumulative and are not in lieu of, but
<br />in addition to, any other rights and remedies which Assignee shall have under or by virtue of any of the Loan
<br />Documents. The rights and remedies of Assignee hereunder may be exercised from time to time and as often as
<br />such exercise is deemed expedient.
<br />11. Assignment of Assignee's Rights. Any holder of the Secured Indebtedness shall have the right to assign to any
<br />subsequent holder of the Secured Indebtedness, the right, title and interest of Assignor hereby assigned, subject,
<br />however, to the provisions of this Assignment. In the event all the right, title and interest of Assignor in the
<br />Premises are barred or foreclosed, no assignee of the interest of Assignor shall be liable to account to Assignor
<br />for any Rents thereafter accruing.
<br />12. Release. Upon payment in full of the Secured Indebtedness, as evidence by a recorded satisfaction or release of
<br />the Deed of Trust, as well as any sums which may be payable hereunder, this Assignment shall become and be
<br />void and of no effect.
<br />13. Amendments and Discharge. No change, amendment, modification, cancellation or discharge of this
<br />Assignment, or any part hereof, shall be valid unless Assignee shall have consented thereto in writing.
<br />14. Successors and Assigns. The terms, covenants and conditions contained herein shall inure to the benefit of, and
<br />bind Assignor, Assignee and their successors and assigns.
<br />15. Governing Law. This Assignment shall be governed by and construed in accordance with the laws of State of
<br />Nebraska, without reference to conflict of law principles, except that federal law shall govern when SBA is the
<br />holder of the Note as more fully set forth below.
<br />The Loan secured by this lien was made under a United States Small Business Administration (SBA) nationwide
<br />program which uses tax dollars to assist small business owners. If the United States is seeking to enforce this
<br />document, the under SBA regulations:
<br />(b)
<br />Any clause in this document requiring arbitration is not enforceable when SBA is the holder of the Note secured by this
<br />instrument.
<br />16. Severability. If any provision of this Assignment, or the application hereof to any person, entity or circumstance,
<br />shall to any extent be invalid or unenforceable, the remainder of the provisions of this Assignment, or the
<br />application of such provision to other persons, entities or circumstances, shall not be affected thereby, and each
<br />provision of this Assignment shall be valid and enforceable to the fullest extent permitted by law.
<br />IN WITNESS WHEREOF, the undersigned has executed this Assignment as of the date first above written.
<br />ASSIGNOR
<br />(a) When SBA is the holder of the Note, this document and all documents evidencing or securing this
<br />Loan will be construed in accordance with federal law.
<br />CDC or SBA may use local or state procedures for purposes such as filing paper, recording
<br />documents, giving notice, foreclosing liens, and other purposes. By using these procedures, SBA
<br />does not waiver any federal immunity from local or state control, penalty, tax or liability. No
<br />Borrower or Guarantor may claim or assert against SBA any local or state law to deny any
<br />obligation of Borrower, or defeat any claim of SBA with respect to this Loan.
<br />Trausch Properties, L.L.C., a Limited
<br />Liability Company
<br />10.doc 3
<br />Trausch Dynamics, Inc., a Nebraska Corporation
<br />By:
<br />By:
<br />201302750
<br />J i seph L. Trausch, President
<br />rausch, Secretary
<br />Priakor
<br />
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