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<br />200408872
<br />3. Termination/Lessee Directives. Upon payment in full of the principal, interest
<br />and all other indebtedness evidenced by the Note and the Deed of Trust, this Assignment shall
<br />cease, terminate, and be of no further effect. Assignor authorizes each and every lessee named in
<br />a Lease or any other or future lessee or occupant of the Property or any part thereof, upon receipt
<br />of written notice from Assignee, to pay to Assignee all rents, income, issues, and profits accruing
<br />under the Leases or from the Property, and to continue to do so until otherwise notified in writing
<br />by Assignee.
<br />4. Absolute Assignment. Subject only to the provisions of Paragraph 3 of this
<br />Assignment, no action undertaken by Assignee with respect to any of the obligations of Assignor
<br />evidenced by the Note and the Deed of Trust, to any security or guarantee given for the payment
<br />or performance thereof, or to any other document or instrument evidencing or relating to said
<br />obligations shall in any manner affect, impair, or prejudice any of Assignee's rights and
<br />privileges under this Assignment or discharge, release, or modify any of Assignor's duties or
<br />obligations hereunder. This Assignment is intended by Assignor and Assignee to create, and
<br />shall be construed as creating, an absolute assignment unto Assignee, subject only to the license,
<br />terms, and provisions hereof, and not as an assignment as security for the performance of the
<br />obligations evidenced by the Note and the Deed of Trust or any other indebtedness of Assignor.
<br />5. Warranties of Assignor. Assignor warrants to Assignee, each of which warranties
<br />shall remain in full force and effect until all obligations of Assignor to Assignee under the Note
<br />and Deed of Trust have been fulfilled, that:
<br />a. Assignor, as successor to Albertson's, Inc., is the owner of a leasehold
<br />interest in the Property under that certain ground lease dated March 11, 1999, originally
<br />by and between Albertson's, Inc. and Robert M. allen Family Limited Partnership, a
<br />Nebraska limited partnership, which is the record title holder of the Property and to the
<br />improvements located on the Property. Assignor has not defaulted under the terms of the
<br />ground lease and there are no conditions existing which with the passage of time will
<br />constitute a default under the ground lease.
<br />b. Assignor has good and clear title to the Leases, rents, income, issues, and
<br />profits hereby assigned and good right to assign same, and no other person, firm, or entity
<br />has any right, title, or interest therein.
<br />C. Other than the assignment of rents in favor of Nash -Finch Company, a
<br />Delaware corporation, which assignment of rents has been subordinated to this
<br />Assignment, there has been no prior assignment of the Leases, rents, income, issues, or
<br />profits which is now in effect.
<br />d. The Leases are in full force and effect in accordance with their terms, and
<br />constitute the only outstanding Leases affecting the Property.
<br />e. The Leases are unmodified except as specifically revealed to Assignee in
<br />writing.
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