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200701957 This Assignment is given as security for the indebtedness mentioned hereinabove and as security for such other sums as may be advanced in accordance with the Promissory Note, Financing Statement and Sccurity Agreement; and this Conditional Assignment, hereinafter referred to as "Loan Documents". In the event such indebtedness, future advances, interest and such other sums as may be advanced in accordance with the terms of the aforementioned Loan Documents are well and truly paid in accordance with the terms therein contained, then this Assignment shall be void, otherwise to remain in full force and effect. The undersigned Assignor shall continue to make all payments to be made in accordance with Assignor's Lease Agreement in respect to the above-described real estate and any renewals and extensions of that Lease Agreement as they become due. Should at any time a default be declared in respect to such Lease Agreement, Assignee may, at its option, advance such sums as may be necessary to cure such default and thereupon enter into possession of the Assignor's leasehold interest. Upon entering into possession of Assignor's leasehold interest, Assignee shall have the right to use, sublease and collect rentals from such subleasing as may be permitted by Lessor in respect to the leasehold interest herein assigned. All expenses incurred by Assignee in taking possession of the leasehold interest to protect its security interest therein shall be secured by this Assignment, and any sums so advanced shall earn interest from the date such funds are advanced at a rate equivalent to that provided in the aforementioned Promissory Note. It is expressly understood that nothing herein contained shall be construed as a covenant or agreement to pay any part of the rent or other consideration in respect to the Lease hereinabove described. The failure of the Assignee to assert any of its rights hereunder at any time shall not be construed as a waiver of its right to assert the same at any later time and to insist upon and enforce strict compliance with all the terms and provisions of said Loan Documents. This Conditional Assignment of Lease shall be binding upon the parties hereto and their respective personal representatives, devisees, legatees, heirs-at-Iaw and assigns. Dated this 15th day of March, 2007. By~_ J effre WENDGRAND, LL Liability Company STATEOF MC.l..Vlukt ) (ss: COUNTY OF Au 1.1.. 'tWit) The foregoing Conditional Assignment of Lease was acknowledged before me this J.'2_fH day of March, 2007 by Lewis E. Topper and Jeffrey 1. Coghlan, Managers of Wend grand, LLC, a Nebraska limited liability company on behalf of such limit d liability company. My Commission Expires: ( I Notary Public fA ;t'(tl(\ WAYNE R. LEHRHAUPT Notary Public. State of New York No. 31.4609162 Qualified in New York County j/\ Commission Expires Feb. 28. 20...L.Y 2-2181168204v4