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200105235 d. If the Rents are not sufficient to meet the costs, if any, of taking possession and control of and managing the Trust Property and collecting the same, any funds expended by Lender for such purposes shall become Obligations. e. Any entering upon and taking possession and control of the Trust Property by Lender or the receiver and any application of Rents as provided herein shall not cure or waive any Event of Default or invalidate any other right or remedy of Lender. f. Borrower hereby represents and agrees that it is and will be the sole owner of the entire landlord's interest (or Tenant's interest in the case of Leases with respect to which Borrower is the Tenant) in all Leases, subject only to the Permitted Encumbrances. 6. Lease Provisions. All Leases executed after the date of this Assignment shall contain (i) a provision obligating the Tenant to enter into a subordination, nondisturbance and attornment agreement with Lender in form and substance satisfactory to Lender, subordinating such Lease to the lien of the Deed of Trust, and (ii) a provision authorizing the Tenant to pay the Rents to Lender upon notice of an Event of Default under this Assignment. 7. Release. The assignment contained herein and all rights herein assigned to Lender shall cease and terminate as to all Leases: (i) upon the satisfaction of all Obligations; or (ii) upon the release of the Trust Property subject to such Lease from the lien of the Deed of Trust covering such Trust Property pursuant to the provisions of such Deed of Trust. It is expressly understood that no judgment or decree that may be entered on any Secured Obligation shall operate to abrogate or lessen the effect of this Assignment, but that the same shall continue in full force and effect as herein provided. The provisions of this Assignment shall also remain in full force and effect during the pendency of any proceedings for the foreclosure and /or sale of the Trust Property, or any part thereof, both before and after sale, until the issuance of a deed pursuant to a decree of foreclosure and /or sale, unless all Obligations are fully satisfied. Lender may take or release other security for the Obligations, may release any party primarily or secondarily liable therefor and may apply any other security held by it to the satisfaction of Obligations , without prejudice to any of its rights under this Assignment. 8. No Waiver. Nothing contained in this Assignment and no act done or omitted by Lender pursuant to the powers and rights granted it hereunder shall prejudice or be deemed to be a waiver by Lender of its rights and remedies under the Loan Documents. A waiver by Lender of any of its rights hereunder or under the Leases or of a breach of any of the covenants and agreements contained herein to be performed by Borrower shall not be construed as a waiver of such rights in any succeeding instance or of any succeeding breach of the same or other covenants, agreements, restrictions or conditions. 9. Further Assurances. Borrower hereby agrees that it shall, whenever and as often as it shall be requested to do so by Lender, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, any and all such further conveyances, approvals, consents, memoranda of the subject matter hereof, duplicate originals hereof, and any and all other documents and to do any and all other acts as may be necessary or appropriate to carry out the terms of this Assignment. 10. Notices. All notices, approvals or communications required or permitted to be given under this Assignment shall be in writing and shall be deemed to have been properly given and received (i) if sent by hand delivery, then upon delivery, (ii) if sent by overnight courier DOCS 146914.3 1582098 5 Grand Island