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<br />interest covering the Property, and do not grant to Lender the right to control Borrower's actions,
<br />decisions or policies regarding hazardous waste or materials.
<br />23. ADVANCES, COSTS AND EXPENSES. Borrower shall pay within ten
<br />(10) days after written demand from Lender all sums advanced by Lender and all costs and
<br />expenses incurred by Lender in taking any actions pursuant to the Loan Documents including
<br />attorneys' fees and disbursements, accountants' fees, appraisal and inspection fees and the costs
<br />for title reports and guaranties, together with interest thereon at the rate applicable under the
<br />Note after an Event of Default from the date such costs were advanced or incurred. All such
<br />costs and expenses incurred by Lender, and advances made, shall constitute advances under this
<br />Instrument to protect the Property and shall be secured by and have the same priority as the lien
<br />of this Instrument. If Borrower fails to pay any such advances, costs and expenses and interest
<br />thereon, Lender may apply any undisbursed loan proceeds to pay the same, and, without
<br />foreclosing the lien of this Instrument, may at its option commence an independent action against
<br />Borrower for the recovery of the costs, expenses and/or advances, with interest, together with
<br />costs of suit, costs of title reports and guaranty of title, disbursements of counsel and reasonable
<br />attorneys' fees incurred therein or in any appeal therefrom.
<br />24. ASSIGNMENT OF LEASES AND RENTS. Borrower, for good and
<br />valuable consideration, the receipt of which is hereby acknowledged, to secure the Indebtedness,
<br />does hereby absolutely and unconditionally grant, bargain, sell, transfer, assign, convey, set over
<br />and deliver unto Lender all right, title and interest of Borrower in, to and under the Leases of the
<br />Property, whether now in existence or hereafter entered into, and all guaranties, amendments,
<br />extensions and renewals of said Leases and any of them, and all Rents which may now or
<br />hereafter be or become due or owing under the Leases, and any of them, or on account of the use
<br />of the Property.
<br />Borrower represents, warrants, covenants and agrees with Lender as follows:
<br />(a) The sole ownership of the entire lessor's interest in the Leases is vested in
<br />Borrower, and Borrower has not, and shall not, perform any acts or execute any other
<br />instruments which might prevent Lender from fully exercising its rights with respect to the
<br />Leases under any of the terms, covenants and conditions of this Instrument.
<br />(b) The Leases are and shall be valid and enforceable in accordance with their
<br />terms. Except as approved in writing by Lender, which approval shall not be unreasonably
<br />withheld, any alteration, modification, amendment, termination, cancellation, renewal, waiver or
<br />surrender of the Leases or any term contained therein shall not be binding on Lender.
<br />(c) Borrower shall not decrease the term or the amount of rent payable under
<br />any Lease without prior written notice to Lender and Lender's written consent.
<br />(d) There are no defaults now existing under any of the Leases, and, to the
<br />best of Borrower's knowledge, there exists no state of facts which, with the giving of notice or
<br />lapse of time or both, would constitute a default under any of the Leases.
<br />17
<br />01- 288814.04
<br />Grand Island, NE
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