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200400541 <br />discounted, set -off, discharged or compromised; (vii) Borrower has not received any <br />funds or deposits from any lessee for which credit has not already been made on <br />Borrower's accounts; and (viii) none of the lessees under the Leases is in default of <br />any of the terms thereof. <br />12) Borrower warrants and represents that Borrower shall not, without the prior written <br />consent of Lender, (i) further pledge, transfer, mortgage or otherwise encumber or <br />assign any of the Leases or Rents; (ii) waive, excuse, discount, set -off, compromise, <br />cancel, terminate or surrender, or in any manner release or discharge lessees from, <br />any obligations, covenants, conditions or agreements of any lessee under the Leases <br />(including the obligation to pay Rents), or modify or in any way alter the terms of any <br />of the Leases; (iii) renew or extend the term of any of the Leases unless an option <br />therefor was originally reserved; (iv) accept any payment of rent for more than one <br />month in advance of its due date; or (v) consent to any subletting (or further <br />subletting) of any part of the Real Property and/or Personal Property, or to any <br />assignment (or further assignment) of any of the Leases by the lessee thereunder. <br />13) Any breach of or default in any of Borrower's obligations, covenants, representations <br />or warranties under this Assignment shall also constitute a default under any and all <br />of the Secured Obligations. <br />14) Upon the payment of all sums owing under the Secured Obligations and upon written <br />request by Borrower, this Assignment, except for paragraph 7 hereof, shall terminate <br />and all the right, title, estate and interest of Lender in and to the Real Property and <br />Personal Property shall revert to Borrower. <br />15) Except for any notice required under applicable law to be given in another manner, <br />any notice provided to Borrower or Lender under this Assignment shall be given by <br />certified mail at the address set forth above and shall be effective upon mailing. If <br />Borrower is more than one person and/or entity, notice sent to the address set forth <br />above shall be notice to all such persons and/or entities. <br />16) This Assignment shall be binding upon, and inure to the benefit of, the respective <br />successors and assigns of Borrower and Lender and all future and subsequent owners <br />of all or any portion of the Real Property and Personal Property. <br />17) This Assignment shall be governed by the laws of the State of Nebraska. <br />IN WITNESS WHEREOF, the parties have executed this Assignment as of the date <br />written above. <br />B & B Rental Properties, Inc., <br />i <br />o and Re olds ecret <br />Yn ary <br />LIM <br />IN <br />Signature for Lender <br />Gail Brummund, Vice <br />Assignment of Leases and Rents central park.doc 4 of 5 <br />