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<br />200602639
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<br />against any lessee under the Leases or any subtenants or occupants of the Premises, and any
<br />award hereafter granted Assignor in any court proceeding involving any of the lessees in ffilY
<br />bankruptcy, insolvency, or reorganization proceedings in any state or federal court, and any and
<br />all payments made by lessees in lieu of rent (all such moneys, rights and claims in this paragraph
<br />described being hereinafter called "Rents"),
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<br />TOGETHER with all the right, power, and privilege of Assignor to cancel, terminate, or
<br />accept the surrender of any Lease, to accept prepayment of more than one monthly installment of
<br />Rent thereunder, and to amend, modify, or abridge any of the terms, covemmts, or conditions of
<br />any of the Leases,
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<br />TO HAVE AND TO HOLD the same unto Assignee, its successors and assigns forever.
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<br />FOR THE PURPOSE OF SECURING the payment of the indebtedness evidenced by a
<br />certain Commercial Building Lease dated of the even date herewith in the amount of Seven
<br />Hundred Thousand Dollars ($700,000.00) (the "Obligation") made by Assignor and payable to
<br />the order of Assignee, including any extensions and renewals thereof, any amendments or
<br />modifications thereof, and any note and/or lease supplemental thereto, as well as the payment,
<br />observance, performance and discharge of all obligations, covenants, conditions, and warranties
<br />contained in that certain mortgage and security agreement (the "Mortgage"), dated the even date
<br />herewith, granted by Assignor to Assignee, and filcd for record in the Office of the Recorder of
<br />Hall County, State of Nebraska and encumbering the Premises, and in any extensions,
<br />supplements, modifications, amendments, and consolidations thereof, constituting a licn on the
<br />Premises. The Obligation, the Mortgage, this Assignment and any other related documents are
<br />hereinafter collectively referred to as the "Documents."
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<br />TO PROTECT the security of this Assignment, it is covenanted and agreed as follows,
<br />and this Assignment is delivered and accepted upon the following terms and conditions:
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<br />1. Warranties of Assignor. Assignor represents and warrants that Assignor is the
<br />owner in fee simple of the Premises, and that Assignor has good title to the Leases and Rents
<br />hereby assigned and good right to assign the sanle, and that no other person, firm or corporation
<br />has any right, title or intercst in the Leases and Rents; that Assignor has duly and punctually
<br />performed in all material respects all and singular the terms, covenants, conditions and
<br />warranties of the existing Leases, if any, on Assignor's part to be kept, observed and performed;
<br />that Assignor has not previously sold, assigncd, transferred, mortgaged or pledged the Rents,
<br />from the Premises, whether now due or hereafter to become due; and that any of the Rents due
<br />and issuing from the Premises or from any part thereof for any pcriod subsequent to one month
<br />fro111 the date hereof have not been collected and that payment of any of the same has not
<br />otherwise been anticipated, waived, released, discounted, set off or otherwise discharged or
<br />compromised.
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<br />2. Priority of Mortgage. All Leases now existing or hereafter entered into for any
<br />portion or portions of the Premises shall be subordinate to the lien of the Mortgage.
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<br />1023974.210/21/2004
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