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200408872 <br />f. Assignor is not in default or in breach of any of the Leases, and has not <br />performed any act or failed to perform any act which over the passage of time would <br />result in a default or breach of any of the Leases. <br />g. Assignor has no knowledge of any claims, offsets, or defenses by any <br />Lessees under the Leases or any basis for asserting the same. <br />h. To the best of Assignor's knowledge, the Lessees are not in default of any <br />of the terms of the Leases. <br />6. Negative Covenants of Assignor. Assignor agrees that, so long as any obligation <br />to Assignee remains unfulfilled under the Note or Deed of Trust, Assignor will not without the <br />express prior written consent of Assignee, which consent may be granted or withheld in <br />Assignee's sole discretion: <br />a. Enter into any Leases which are not upon terms and rental rates which are <br />in all respects substantially consistent with general market terms and rates for similar <br />types of properties in Hall County, Nebraska, or which provide for usage that is not <br />consistent with the current usage of the Property, or which contain terms not substantially <br />consistent with existing Leases of the Property. <br />b. Except in the exercise of sound business judgment, modify, either orally <br />or in writing, any Lease now or hereafter existing so as to render the same not in <br />compliance with (a) above, or allow any lessee to surrender or terminate its Lease, or <br />permit an assignment or sublease under any Lease, or request or consent to the <br />subordination of any Lease to any lien subordinate to this Agreement. <br />C. Collect any rents, income, issues, or profits accruing under the Leases or <br />from the Property more than one (1) month in advance of the time when they shall <br />become due. <br />d. Execute any other assignment of lessor's interest in the Leases or <br />assignment of rents accruing under the Leases or from the Property. <br />e. Do or permit anything to be done, the doing of which, or omit or refrain <br />from doing anything, the omission of which will or could be a breach or default in the <br />terms of any of the Leases or create or produce grounds for termination thereof by any <br />lessee. <br />f. Default under the ground lease or permit any condition to occur which <br />with the passage of time will constitute a default under the ground lease. <br />g. Modify the terms of the ground lease in any respect without the prior <br />written consent of the Assignee. <br />156703 -1 <br />