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200112869 g. Assignor has no knowledge of any claims, offsets or defenses by any Lessees under the Leases or any basis for asserting the same. h. To the best of Assignor's knowledge, the Lessees are not in default of any of the terms of the Leases. 7. Negative Covenants of Assignor. Assignor agrees that, so long as any obligation to Assignee remains unfulfilled under the Note or Deed of Trust, Assignor will not without the express prior written consent of Assignee, which consent may be granted or withheld in Assignee's sole discretion: a. Enter into any Leases which are not upon terms and rental rates which are in all respects substantially consistent with general market terms and rates for similar types of properties in Hall County, Nebraska, which provide for usage that is not consistent with the current usage of the Property, or which contain terms not substantially consistent with existing Leases of the Property. b. Except in the exercise of sound business judgment, modify, either orally or in writing, any Lease now or hereafter existing so as to render the same not in compliance with (a) above, or allow any lessee to surrender or terminate its Lease, or permit an assignment or sublease under any Lease, or request or consent to the subordination of any Lease to any lien subordinate to this Agreement. C. Collect any rents, income and issues accruing under the Leases or from the Property more than one (1) month in advance of the time when they shall become due. d. Execute any other assignment of lessor's interest in the Leases or assignment of rents accruing under the Leases or from the Property. e. Do or permit anything to be done, the doing of which, or omit or refrain from doing anything, the omission of which will or could be a breach or default in the terms of any of the Leases or create or produce grounds for termination thereof by any lessee. 8. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be given in the manner specified in the Deed of Trust. 9. Successors and Assigns. This Assignment, together with the agreements and warranties herein contained, shall inure to the benefit of Assignee and its successors and assigns and shall be binding upon Assignor and Assignor's successors and assigns as to all or any part of the Property. 10. Governing Law; Severability. The loan contract between the parties, including this Assignment, the Note and any other obligation which this Instrument secures, is made pursuant to and shall be construed and governed by the laws of the United States and the rules and regulations promulgated thereunder, and, to the extent the laws of a state are applicable (including laws regarding usury), by the laws of the State in which this Assignment is recorded and the rules and regulations promulgated thereunder. If any paragraph, clause or provision of this Assignment, the Note or any other notes or obligations secured by this Assignment is construed or interpreted by a court of competent jurisdiction to be void, invalid or unenforceable, such decision shall affect only that paragraph, clause or provision so construed or interpreted and shall not affect the remaining paragraphs, clauses and provisions of this Assignment or the Note or other notes or obligations secured by this Assignment. 2001. IN WITNESS WHEREOF, this Assignment has been executed this /-/' day of December, BOSSELMAN PROPERTIES, INC., a Nebraska Corporation, Assignor Frederick A. Bosselman, its President 593541 3