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<br />B. Copies of Leases. Assignor will promptly provide Lender with copies of the Leases and
<br />will certify these Leases are true and correct copies. The existing Leases will be provided on
<br />execution of the Assignment, and all future Leases and any other information with respect to
<br />these Leases will be provided immediately after they are executed.
<br />C. Right To Rents. Immediately after the execution of this Assignment, Assignor will notify
<br />all current and future tenants and others obligated under the Leases of Lender's rights to the
<br />Leases and Rents, and will request that they immediately pay all future Rents directly to
<br />Lender when Assignor or Lender asks them to do so.
<br />D. Accounting. When Lender requests, Assignor will provide to Lender an accounting of
<br />Rents, prepared in a form acceptable to Lender, subject to generally accepted accounting
<br />principles and certified by Assignor or Assignor's accountant to be current, accurate and
<br />complete as of the date requested by Lender.
<br />E. Lease Modification. Assignor will not sublet, modify, extend, cancel, or otherwise alter
<br />the Leases, or accept the surrender of the Property covered by the Leases (unless the Leases
<br />so require) without Lender's written consent.
<br />F. Encumbrance. Assignor will not assign, compromise, subordinate or encumber the Leases
<br />and Rents without Lender's prior written consent.
<br />G. Future Leases. Assignor will not enter into any future Leases without prior written
<br />consent from Lender. Assignor will execute and deliver such further assurances and
<br />assignments as to these future Leases as Lender requires from time to time.
<br />H. Personal Property. Assignor will not sell or remove any personal property on the
<br />Property, unless Assignor replaces this personal property with like kind for the same or
<br />better value.
<br />I. Prosecution and Defense of Claims. Assignor will appear in and prosecute its claims or
<br />defend its title to the Leases and Rents against any claims that would impair Assignor's
<br />interest under this Assignment and, on Lender's request, Assignor will also appear in any
<br />action or proceeding on behalf of Lender. Assignor agrees to assign to Lender, as requested
<br />by Lender, any right, claims or defenses which Assignor may have against parties who
<br />supply labor or materials to improve or maintain the leaseholds subject to the Leases and/or
<br />the Property.
<br />J. Liability and Indemnification. Lender does not assume or become liable for the Property's
<br />maintenance, depreciation, or other losses or damages when Lender acts to manage, protect
<br />or preserve the Property, except for losses or damages due to Lender's gross negligence or
<br />intentional torts. Otherwise, Assignor will indemnify Lender and hold Lender harmless for all
<br />liability, loss or damage that Lender may incur when Lender opts to exercise any of its
<br />remedies against any party obligated under the Leases.
<br />K. Leasehold Estate. Assignor will not cause or permit the leasehold estate under the Leases
<br />to merge with Assignor's reversionary interest, and agrees that the Leases shall remain in
<br />full force and effect regardless of any merger of the Assignor's interests and of any merger
<br />of the interests of Assignor and any party obligated under the Leases.
<br />L. Insolvency. Lender will be the creditor of each tenant and of anyone else obligated under
<br />the Leases who is subject to an assignment for the benefit of creditors, an insolvency, a
<br />dissolution or a receivership proceeding, or a bankruptcy.
<br />M. Use of Property and Related Indemnification. Assignor shall not use or occupy the
<br />Property in any manner that would constitute a violation of any state and/or federal laws
<br />involving controlled substances, even in a jurisdiction that allows such use by state or local
<br />law or ordinance. In the event that Assignor becomes aware of such a violation, Assignor
<br />shall take all actions allowed by law to terminate the violating activity.
<br />In addition to all other indemnifications, obligations, rights and remedies contained herein, if
<br />Lender and/or its respective directors, officers, employees, agents and attorneys (each an
<br />"Indemnitee") is made a party defendant to any litigation or any claim is threatened or
<br />brought against such Indemnitee concerning this Assignment or the related Property or any
<br />part thereof or therein or concerning the construction, maintenance, operation or the
<br />occupancy or use of such Property, then Assignor shall (to the extent permitted by
<br />applicable law) indemnify, defend and hold each Indemnitee harmless from and against all
<br />liability by reason of said litigation or claims, including attorneys' fees and expenses incurred
<br />by such Indemnitee in connection with any such litigation or claim, whether or not any such
<br />litigation or claim is prosecuted to judgment. To the extent permitted by applicable law, the
<br />within indemnification shall survive payment of the Secured Debt, and/or any termination,
<br />release or discharge executed by Lender in favor of Assignor.
<br />Violation of this provision is a material breach of this Assignment and thereby constitutes a
<br />default under the terms and provisions of this Assignment.
<br />Island Sprinkler Supply Company
<br />Nebraska Assignment of Leases and Rents
<br />N E/4 N icole. 500000000003066032 N
<br />Wolters Kluwer Financial Services, Inc.°1996, 2023 Page 5
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