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200605847 for the payment or performance thereof, or to any other document or instrument evidencing or relating to said obligations shall in any manner affect, impair or prejudice any of Assignee's rights and privileges under this Assignment or discharge, release or modify any of Assignor's duties or obligations hereunder. This Assignment is intended by Assignor and Assignee to create, and shall be construed as creating, an absolute assignment unto Assignee, subject only to the license, terms and provisions hereof, and not as an assignment as security for the performance of the obligations under the Revolving Loan Agreement and the Deed of Trust or any other indebtedness of Assignor. 5. Warranties of Assianor. Assignor warrants to Assignee, each of which warranties shall remain in full force and effect until all obligations of Assignor to Assignee under the Revolving Loan Agreement and Deed of Trust have been fulfilled, that: a. Assignor is the record owner and holder of legal title to the Property and to the improvements located on the Property. b. Assignor has good and clear title to the Leases, rents, income, issues and profits hereby assigned and good right to assign the same, and no other person, firm or entity has any right, title or interest therein. c. There has been no prior assignment of the Leases, rents, income, issues or profits which is now in effect. d. The Leases are in full force and effect in accordance with their terms, and constitute the only outstanding Leases affecting the Property. e. writing. The Leases are unmodified except as specifically revealed to Assignee in f. Assignor is not in default or in breach of any of the Leases, and has not performed any act or failed to perform any act which over the passage of time would result in a default or breach of any of the Leases. 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. 6. Neaative Covenants of Assianor. Assignor agrees that, so long as any obligation to Assignee remains unfulfilled under the Revolving Loan Agreement 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, or 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 Leases now or hereafter existing so as to render the same not in - 3-