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See Exhibit "A" 2 0 0 0 0 15 0
<br />The Property is located in Hall County at 1215 East Highway 30, Grand Island, Nebraska 68802.
<br />In the event any item listed as Leases or Rents is determined to be personal property, this Assignment will also
<br />be regarded as a security agreement.
<br />4. PAYMENTS. Assignor agrees that all payments under the Secured Debts will be paid when due and in
<br />accordance with the terms of the Secured Debts and this Assignment.
<br />5. COLLECTION OF RENTS. Assignor may collect, receive, enjoy and use the Rents so long as Assignor is not
<br />in default. Assignor will not collect in advance any Rents due in future lease periods, unless Assignor first
<br />obtains Lender's written consent.
<br />Upon default, Assignor will receive any Rents in trust for Lender and Assignor will not commingle the Rents
<br />with any other funds. When Lender so directs, Assignor will endorse and deliver any payments of Rents from
<br />the Property to Lender. Amounts collected will be applied at Lender's discretion to the Secured Debts, the
<br />costs of managing, protecting and preserving the Property, and other necessary expenses.
<br />Assignor b*TWeeh'A6iilgncIf and Lender and effective as to
<br />third parties on the recording of this Assignment.
<br />6. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitted by law,
<br />Assignor agrees to pay all expenses of collection, enforcement or protection of Lender's rights and remedies
<br />under this Assignment. Assignor agrees to pay expenses for Lender to inspect and preserve the Property and
<br />for any recordation costs of releasing the Property from this Assignment. Expenses include, but are not limited
<br />to, attorneys' fees, court costs and other legal expenses. These expenses are due and payable immediately. If
<br />not paid immediately, these expenses will bear interest from the date of payment until paid in full at the highest
<br />interest rate in effect as provided for in the terms of the Secured Debts. To the extent permitted by the United
<br />States - Bankruptcy Code, Assignor agrees to pay the reasonable attorneys' fees Lender incurs to collect the
<br />Secured Debts as awarded by any court exercising jurisdiction under the Bankruptcy Code.
<br />7. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law
<br />means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act
<br />(CERCLA), all other federal, state and local laws, regulations, ordinances, court orders, attorney general
<br />opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous
<br />substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant
<br />or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the
<br />public health, safety, welfare or environment. The term includes, without limitation, any substances defined as
<br />"hazardous material," "toxic substance," "hazardous waste," "hazardous substance," or "regulated substance"
<br />under any Environmental Law.
<br />Assignor represents, warrants and agrees_ that:
<br />A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance has been,
<br />is, or will be located, transported, manufactured, treated, refined, or handled by any person on, under or
<br />about the Property, except in the ordinary course of business and in strict compliance with all applicable
<br />Environmental Law.
<br />B. Except as previously disclosed and acknowledged in writing to Lender, Assignor has not and will not
<br />cause, contribute to, or permit the release of any Hazardous Substance on the Property.
<br />C. Assignor will immediately notify Lender if (1) a release or threatened release of Hazardous Substance
<br />occurs on, under or about the Property or migrates or threatens to migrate from nearby property; or (2) there
<br />is a violation of any Environmental Law concerning the Property. In such an event, Assignor will take all
<br />necessary remedial action in accordance with Environmental Law.
<br />D. Except as previously disclosed and acknowledged in writing to Lender, Assignor has no knowledge of or
<br />reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating
<br />to (1) any Hazardous Substance located on, under or about the Property; or (2) any violation by Assignor or
<br />any tenant of any Environmental Law. Assignor will immediately notify Lender in writing as soon as
<br />Assignor has reason to believe there is any such pending or threatened investigation, claim, or proceeding.
<br />In such an event, Lender has the right, but not the obligation, to participate in any such proceeding including
<br />the right to receive copies of any documents relating to such proceedings.
<br />E. Except as previously disclosed and acknowledged in writing to Lender, Assignor and every tenant have
<br />been, are and will remain in full compliance with any applicable Environmental Law.
<br />F. Except as previously disclosed and acknowledged in writing to Lender, there are no underground storage
<br />tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be
<br />added unless Lender first consents in writing.
<br />G. Assignor will regularly inspect the Property, monitor the activities and operations on the Property, and
<br />confirm that all permits, licenses or approvals required by any applicable Environmental Law are obtained and
<br />complied with.
<br />H. Assignor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the
<br />Property and review all records at any reasonable time to determine (1) the existence, location and nature of
<br />any Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude
<br />of any Hazardous Substance that has been released on, under or about the Property; or (3) whether or not
<br />Assignor and any tenant are in compliance with applicable Environmental Law.
<br />L Upon Lender's request and at• arry time, Assignor agrees, at Assignor's expense, to engage a qualified
<br />environmental engineer to prepare an environmental audit of the Property and to submit the results of such
<br />audit to Lender. The choice of the environmental engineer who will perform such audit is subject to Lender's
<br />approval.
<br />Omaha Paper Stock Company, Inc.
<br />Nebraska A..— ignment of Leases and Rents Initials
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