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200011177
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Last modified
10/13/2011 11:01:03 PM
Creation date
10/20/2005 10:48:08 PM
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DEEDS
Inst Number
200011177
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20001117' <br />(d) The payment of GE Capital Loan No. GE Capital Loan No. 050- 0000642 -001, <br />GE Capital Loan No. 050- 0000646 -001, GE Capital Loan No. 050- 0000800 -001, GE Capital <br />Loan No. 050- 0000801 -001, GE Capital Loan No. 050- 0000805 -001, GE Capital Loan No. 050- <br />0000807 -001, GE Capital Loan No. 050- 0002255 -001, GE Capital Loan No. 050- 0002257 -001, <br />GE Capital Loan No. 050- 0002283 -001, GE Capital Loan No. 050- 0002293 -001 and GE Capital <br />Loan No. 050- 0002320 -001. <br />Assignor represents, warrants, covenants and agrees with GE Capital as follows: <br />(a) The sole ownership of the entire lessor's interest in the Leases is or shall be <br />vested in Assignor, and Assignor has not, and shall not, perform any acts or execute any other <br />instruments which might prevent GE Capital from fully exercising its rights under any of the <br />terms, covenants and conditions of this Assignment. <br />(b) The Leases are and shall be valid and enforceable in accordance with their terms. <br />Except as approved in writing by GE Capital, which consent shall not be unreasonably withheld, <br />any alteration, modification, amendment, termination, cancellation, renewal, waiver or surrender <br />of the Lease or any term contained therein shall not be binding on GE Capital. <br />(c) Assignor shall not alter the term of any Lease or the amount of rent payable under <br />any Lease without GE Capital's prior written consent. In addition, Assignor shall not materially <br />alter any of the other terms of the Leases without GE Capital's prior written consent. <br />(d) To the best of Assignor's knowledge, there are no defaults now existing under any <br />of the Leases, and there exists no state of facts which, with the giving of notice or lapse of time <br />or both, would constitute a default under any of the Leases. <br />(e) Assignor shall give prompt notice to GE Capital of any notice received by <br />Assignor claiming that a default has occurred under any of the Leases on the part of Assignor, <br />together with a complete copy of any such notice. <br />(f) Each of the Leases shall remain in full force and effect irrespective of any merger <br />of the interest of Assignor and any lessee under any of the Leases. <br />(g) Assignor will not permit any Lease to become subordinate to any lien other than <br />the lien of the Deed of Trust. <br />(h) Assignor shall not permit or consent to the assignment by any tenant of its rights <br />under its Lease without the prior written consent of GE Capital. Without limitation of the <br />foregoing, Assignor shall not permit or consent to the filing of any encumbrance against the <br />tenant's interest under any Lease, including, without limitation, any leasehold mortgage. <br />(i) All existing Leases are described on Exhibit B attached hereto and incorporated <br />herein. Assignor has delivered to Assignee true, correct and complete copies of all existing <br />Leases and all amendments and modifications thereto. <br />01- 288952.3A <br />Grand Island, NE 2 <br />
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