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200503789
<br />FOR THE PURPOSE OF SECURING the payment of the indebtedness evidenced by a certain Real Estate Note
<br />made by Assignor, payable to the order of Assignee in the amount of THREE MILLION TWO HUNDRED
<br />TWENTY FIVE THOUSAND AND NO /100 U.S. DOLLARS ($3,225,000.00), dated April 19, 2005, and
<br />presently held by Assignee, including any extensions, modifications and renewals thereof and any
<br />supplemental instrument, agreement or note increasing such indebtedness, as well as the payment,
<br />observance, performance and discharge of all other obligations, covenants, conditions and warranties
<br />contained in the Deed of Trust made by Assignor, dated April 19, 2005, recorded in the Records of Hall
<br />County, Nebraska, and in any extensions, modifications, supplements and consolidations thereof, covering
<br />the Premises and securing the Note and supplemental notes, if any (collectively, the "Note" and "Deed of
<br />Trust ").
<br />TO PROTECT THE SECURITY OF THIS ASSIGNMENT IT IS AGREED AS FOLLOWS:
<br />1. Assignor's Warranties About Leases and Rents. That Assignor represents and warrants that:
<br />(a) it has good title to the Leases and Rents hereby assigned and good right to assign the same,
<br />and that no other person, firm, or corporation has any right, title, or interest therein;
<br />(b) Assignor has duly and punctually performed all the terms, covenants, conditions and
<br />warranties of the Leases on Assignor's part to be kept, observed and performed;
<br />(c) the Scheduled Leases, if any, and all other existing Leases are valid and unmodified except
<br />as indicated herein and in full force and effect;
<br />(d) Assignor has not previously sold, assigned, transferred, mortgaged or pledged the Rents
<br />from the Premises, whether now due or thereafter to become due;
<br />(e) any of the Rents due and issuing from the Premises for any period subsequent to the date of
<br />this Assignment have not been collected and payment of same has not otherwise been
<br />waived, released, discounted, set off, or otherwise discharged or compromised; and
<br />(f) the tenants under the Scheduled Leases, if any, and all other existing Leases are not in
<br />default of any of the Lease terms.
<br />2. Assignor's Covenants of Performance. Assignor covenants and agrees:
<br />(a) to observe, perform and discharge, duly and punctually, all the obligations, terms, covenants,
<br />conditions and warranties of the Note and Deed of Trust, of the Scheduled Leases, and of all
<br />existing and future Leases affecting the Premises, on the part of Assignor to be kept,
<br />observed and performed, and to give prompt notice to Assignee of (i) any failure on the part
<br />of Assignor to observe, perform and discharge same, and (ii) any notice, demand or other
<br />document received by Assignor from any tenant or subtenant under the Leases claiming any
<br />default by the Assignor under the Leases;
<br />(b) to enforce or secure in the name of Assignee the performance of each and every obligation,
<br />term, covenant, condition and agreement in the Leases by any tenant to be performed, and
<br />to notify Assignee of the occurrence of any default under the Leases; and
<br />(c) to neither create nor permit any lien, charge or encumbrance upon its interest as lessor of
<br />the Leases except the lien of the Deed of Trust or as provided in the Deed of Trust.
<br />3. Prior Approval For Actions Affecting Leases. Without the prior written consent of the Assignee,
<br />Assignor agrees that it will not:
<br />(a) receive or collect any Rents from any present or future tenant of the Premises or any part
<br />thereof for a period of more than two (2) months in advance of the date on which such
<br />payment is due (whether in cash or by promissory note), nor pledge, transfer, mortgage, or
<br />otherwise encumber or assign future payments of Rents;
<br />(b) waive, excuse, condone, discount, set off, compromise, or in any manner release or
<br />discharge any tenant under any Leases of the Premises, of and from any obligations,
<br />covenants, conditions and agreements by tenant to be kept, observed and performed,
<br />including the obligation to pay the Rents thereunder in the manner and at the place and time
<br />specified therein; and
<br />(c) with respect to any Lease with an initial term of three (3) years or more, cancel, terminate or
<br />consent to any surrender of any such Lease, nor permit any of the aforementioned, nor
<br />commence an action of ejectment or any summary proceedings for dispossession of the
<br />CR- 167- 07/04NC -2- Symetra Loan No. SBOL1508
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