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(a) Name of Borrower (Debtor) Address of Borrower: (b) Name of Lender (Secured Party) Address of Lender: (c) Record Owner of Real Estate Described on Exhibit A hereto: 200011179 PROFFUTT LIMITED PARTNERSHIP 1600 Radisson Tower 201 Fifth Street North Fargo, North Dakota 58102 GENERAL ELECTRIC CAPITAL BUSINESS ASSET FUNDING CORPORATION 10900 Northeast Fourth Street, Suite 500 Bellevue, Washington 98004 Attention: Real Estate Department :•..ST 15. LEASES OF THE PROPERTY. As used in this Section 15, the word "Lease" shall include subleases if this Instrument is on a leasehold. Borrower shall comply with and observe Borrower's obligations as landlord under all Leases of the Property or any part thereof. All Leases now or hereafter entered into will be in form and substance subject to the approval of Lender. Borrower shall pay all attorneys' fees incurred by Lender in reviewing any Lease or proposed Lease. All Leases of the Property shall specifically provide that such Leases are subordinate to this Instrument; that the tenant attorns to Lender, such attornment to be effective upon Lender's acquisition of title to the Property; that the tenant agrees to execute such further evidences of attornment as Lender may from time to time request; that the attornment of the tenant shall not be terminated by foreclosure; and that Lender may, at Lender's option, accept or reject such attornments (except as to third -party credit tenants unrelated to Borrower, as to which Lender shall grant a non - disturbance provision). Borrower shall not, without Lender's written consent, request or consent to the subordination of any Lease of all or any part of the Property to any lien subordinate to this Instrument. If Borrower becomes aware that any tenant proposes to do, or is doing, any act or thing which may give rise to any right of set -off against rent, Borrower shall (i) take such steps as shall be reasonably calculated to prevent the accrual of any right to a set -off against rent, (ii) immediately notify Lender thereof in writing and of the amount of said set -offs, and (iii) within ten (10) days after such accrual, reimburse the tenant who shall have acquired such right to set -off or take such other steps as shall effectively discharge such setoff and as shall assure that Rents thereafter due shall continue to be payable without set -off or deduction. Upon Lender's receipt of notice of the occurrence of any default or violation by Borrower of any of its obligations under the Leases, Lender shall have the immediate right, but not the duty or obligation, without prior written notice to Borrower or to any third party, to enter upon the Property and to take such actions as Lender may deem necessary to cure the default or violation by Borrower under the Leases. The costs incurred by Lender in 13 01- 288814.04 Grand Island, NE