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<br />SPACE ABOVE RESERVED FOR RECORDER'S USE
<br />Loan No.
<br />ASSIGNMENT OF LEASES AND RENTS
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<br />FOR VALUE RECEIVED, Bosselman Properties, Inc., a Nebraska corporation, whose principal y
<br />address is 3123 Stolley Park Road, Grand Island, Nebraska 68802 -1567 ( "Assignor ") hereby grants,`
<br />transfers and assigns to Commercial Federal Bank, a Federal Savings Bank, whose address is 740 N.W. S
<br />Blue Parkway, Lee's Summit, Missouri 84086 ( "Assignee ") the entire interest of Assignor as Lessor in O
<br />and to all leases, subleases, licenses, concessions or other agreements now existing and hereafter entered
<br />into (collectively "Leases ") for all or any part of the real property more particularly described as on Exhibit
<br />A attached hereto ( "Property"), together with all rents, income and issues arising therefrom, and any
<br />renewals and modifications thereof, and together with all rents, income and issues arising from the use and
<br />occupation of the Property and from any property covered by the Leases, whether real, personal, mixed or
<br />intangible.
<br />This Assignment is intended to be, and shall be construed as, creating an absolute assignment unto
<br />Assignee, and not as an assignment as security, and to such extent shall be unconditional and irrevocable
<br />except as hereinafter provided to the contrary. In connection with and as a part of this Assignment,
<br />Assignor hereby warrants, represents, and agrees to and with Assignee as follows:
<br />1. Assignee Rights. Assignor, Bosselman, Inc. of Big Springs, Bosselman, Inc. of Oklahoma,
<br />Bosselman, Inc. of Kansas, Bosselman, Inc. of Iowa, and Bosselman, Inc. (each a "Borrower" and with
<br />Assignor, collectively "Borrowers ") have contemporaneously herewith executed and delivered to Assignee
<br />a certain Promissory Note in the principal amount of Twenty Three Million Seven Hundred Seventy Five
<br />Thousand Dollars ($23,775,000.00) ( "Note "). In order to secure payment of the Note, Assignor, as trustor,
<br />has contemporaneously herewith executed a certain Deed of Trust, Assignment of Rents and Security
<br />Agreement to Commercial Federal Bank, a Federal Savings Bank, Trustee, in favor of Assignee as
<br />Beneficiary ( "Deed of Trust "). Unless and until there shall have occurred an event of default in the
<br />performance by Assignor of any of its duties or obligations, including, but without limitation, the payment
<br />of money, arising under the Note or the Deed of Trust, Assignor is hereby granted a revocable license and
<br />may collect at the time of, but in no event more than one (1) month before, the date provided for payment,
<br />all rents, income and issues arising under the Leases and retain the use of and enjoy the same subject to the
<br />provisions contained in the Deed of Trust. Upon or at any time after the occurrence of any such event of
<br />default which is not cured within any applicable cure period, Assignee may, at its option, by giving written
<br />notice thereof to Assignor and without regard to the adequacy of any security for the payment or
<br />performance of any duties and obligations arising under the Note and the Deed of Trust, either in person or
<br />by agent, with or without bringing any action or proceeding, or by receiver appointed by a court, revoke the
<br />foregoing license, take possession of the rents, income and issues and/or the Property and hold, manage, let
<br />and operate the same on such terms and for such period of time as Assignee may deem proper in its
<br />discretion and, with or without taking possession of the Property, demand, sue for, or otherwise collect all
<br />rents, income and issues of the Leases and the Property, including those past due and unpaid, with full
<br />power to modify, extend or terminate existing Leases, to execute new Leases, and to make from time to
<br />time such alterations, renovations, repairs and replacements as may seem proper to Assignee, and apply
<br />such rents, income and issues to the payment of all expenses of managing, operating and maintaining the
<br />Leases and the Property, all expenses incident to taking and retaining possession of the Property, and the
<br />principal, interest, and other indebtedness evidenced and/or secured by the Note and the Deed of Trust
<br />together with all costs and attorneys' fees incurred by Assignee in connection with any of the foregoing
<br />matters, in the order of priority set forth in the Deed of Trust, any statute, law, custom, or use to the
<br />contrary notwithstanding. Exercise or nonexercise by Assignee of the options granted in this paragraph, or
<br />collection and application of rents, income and issues by Assignee or its agent shall not be considered a
<br />waiver of any default by Assignor under this Assignment, the Note or the Deed of Trust.
<br />2. Non - Liability and Indemnification of Assignee. Assignee shall not be liable for any loss
<br />sustained by Assignor resulting from Assignee's failure to let the Property or any part thereof or from any
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<br />SPACE ABOVE RESERVED FOR RECORDER'S USE
<br />Loan No.
<br />ASSIGNMENT OF LEASES AND RENTS
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<br />FOR VALUE RECEIVED, Bosselman Properties, Inc., a Nebraska corporation, whose principal y
<br />address is 3123 Stolley Park Road, Grand Island, Nebraska 68802 -1567 ( "Assignor ") hereby grants,`
<br />transfers and assigns to Commercial Federal Bank, a Federal Savings Bank, whose address is 740 N.W. S
<br />Blue Parkway, Lee's Summit, Missouri 84086 ( "Assignee ") the entire interest of Assignor as Lessor in O
<br />and to all leases, subleases, licenses, concessions or other agreements now existing and hereafter entered
<br />into (collectively "Leases ") for all or any part of the real property more particularly described as on Exhibit
<br />A attached hereto ( "Property"), together with all rents, income and issues arising therefrom, and any
<br />renewals and modifications thereof, and together with all rents, income and issues arising from the use and
<br />occupation of the Property and from any property covered by the Leases, whether real, personal, mixed or
<br />intangible.
<br />This Assignment is intended to be, and shall be construed as, creating an absolute assignment unto
<br />Assignee, and not as an assignment as security, and to such extent shall be unconditional and irrevocable
<br />except as hereinafter provided to the contrary. In connection with and as a part of this Assignment,
<br />Assignor hereby warrants, represents, and agrees to and with Assignee as follows:
<br />1. Assignee Rights. Assignor, Bosselman, Inc. of Big Springs, Bosselman, Inc. of Oklahoma,
<br />Bosselman, Inc. of Kansas, Bosselman, Inc. of Iowa, and Bosselman, Inc. (each a "Borrower" and with
<br />Assignor, collectively "Borrowers ") have contemporaneously herewith executed and delivered to Assignee
<br />a certain Promissory Note in the principal amount of Twenty Three Million Seven Hundred Seventy Five
<br />Thousand Dollars ($23,775,000.00) ( "Note "). In order to secure payment of the Note, Assignor, as trustor,
<br />has contemporaneously herewith executed a certain Deed of Trust, Assignment of Rents and Security
<br />Agreement to Commercial Federal Bank, a Federal Savings Bank, Trustee, in favor of Assignee as
<br />Beneficiary ( "Deed of Trust "). Unless and until there shall have occurred an event of default in the
<br />performance by Assignor of any of its duties or obligations, including, but without limitation, the payment
<br />of money, arising under the Note or the Deed of Trust, Assignor is hereby granted a revocable license and
<br />may collect at the time of, but in no event more than one (1) month before, the date provided for payment,
<br />all rents, income and issues arising under the Leases and retain the use of and enjoy the same subject to the
<br />provisions contained in the Deed of Trust. Upon or at any time after the occurrence of any such event of
<br />default which is not cured within any applicable cure period, Assignee may, at its option, by giving written
<br />notice thereof to Assignor and without regard to the adequacy of any security for the payment or
<br />performance of any duties and obligations arising under the Note and the Deed of Trust, either in person or
<br />by agent, with or without bringing any action or proceeding, or by receiver appointed by a court, revoke the
<br />foregoing license, take possession of the rents, income and issues and/or the Property and hold, manage, let
<br />and operate the same on such terms and for such period of time as Assignee may deem proper in its
<br />discretion and, with or without taking possession of the Property, demand, sue for, or otherwise collect all
<br />rents, income and issues of the Leases and the Property, including those past due and unpaid, with full
<br />power to modify, extend or terminate existing Leases, to execute new Leases, and to make from time to
<br />time such alterations, renovations, repairs and replacements as may seem proper to Assignee, and apply
<br />such rents, income and issues to the payment of all expenses of managing, operating and maintaining the
<br />Leases and the Property, all expenses incident to taking and retaining possession of the Property, and the
<br />principal, interest, and other indebtedness evidenced and/or secured by the Note and the Deed of Trust
<br />together with all costs and attorneys' fees incurred by Assignee in connection with any of the foregoing
<br />matters, in the order of priority set forth in the Deed of Trust, any statute, law, custom, or use to the
<br />contrary notwithstanding. Exercise or nonexercise by Assignee of the options granted in this paragraph, or
<br />collection and application of rents, income and issues by Assignee or its agent shall not be considered a
<br />waiver of any default by Assignor under this Assignment, the Note or the Deed of Trust.
<br />2. Non - Liability and Indemnification of Assignee. Assignee shall not be liable for any loss
<br />sustained by Assignor resulting from Assignee's failure to let the Property or any part thereof or from any
<br />59354 -1 1
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