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<br />200808200
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<br />to (1) any Hazardous Substance located on, under or about the Property; or (2) any violation by Assignor or any
<br />tenant of any Environmental Law. Assignor will immediately notify Lender in writing as soon as Assignor has
<br />reason to believe there is any such pending or threatened investigation, claim, or proceeding. In such an event,
<br />Lender has the right, but not the obligation, to participate in any such proceeding including the right to receive
<br />copies of any documents relating to such proceedings.
<br />E. Except as previously disclosed and acknowledged in writing to Lender, Assignor and every tenant have been,
<br />are and will remain in full compliance with any applicable Environmental Law.
<br />F. Except as previously disclosed and acknowledged in writing to Lender, there are no underground storage
<br />tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be added
<br />unless Lender first consents in writing.
<br />G. Assignor will regularly inspect the Property, monitor the activities and operations on the Property, and confirm
<br />that all permits, licenses or approvals required by any applicable Environmental Law are obtained and complied
<br />with.
<br />
<br />H. Assignor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the Property
<br />and review all records at any reasonable time to determine (1) the existence, location and nature of any
<br />Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude of any
<br />Hazardous Substance that has been released on, under or about the Property; or (3) whether or not Assignor and
<br />any tenant are in compliance with applicable Environmental Law.
<br />I. Upon Lender's request and at any time, Assignor agrees, at Assignor's expense, to engage a qualified
<br />environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit
<br />to Lender. The choice of the environmental engineer who will perform such audit is subject to Lender's approval.
<br />
<br />J. Lender has the right, but not the obligation, to perform any of Assignor's obligations under this section at
<br />Assignor's expense.
<br />
<br />K. As a consequence of any breach of any representation, warranty or promise made in this section, (1) Assignor
<br />will indemnify and hold Lender and Lender's successors or assigns harmless from and against all losses, claims,
<br />demands, liabilities, damages, cleanup, response and remediation costs, penalties and expenses, including
<br />without limitation all costs of litigation and attorneys' fees, which Lender and Lender's successors or assigns may
<br />sustain; and (2) at Lender's discretion, Lender may release this Assignment and in return Assignor will provide
<br />Lender with collateral of at least equal value to the Property without prejudice to any of Lender's rights under this
<br />Assignment.
<br />
<br />L. Notwithstanding any of the language contained in this Assignment to the contrary, the terms of this section will
<br />survive any foreclosure or satisfaction of this Assignment regardless of any passage of title to Lender or any
<br />disposition by Lender of any or all of the Property. Any claims and defenses to the contrary are hereby waived.
<br />
<br />8. CONDEMNATION. Assignor will give Lender prompt notice of any pending or threatened action by private or
<br />public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other
<br />means. Assignor authorizes Lender to intervene in Assignor's name in any of the above described actions or claims.
<br />Assignor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or
<br />other taking of all or any part of the Property. Such proceeds will be considered payments and will be applied as
<br />provided in this Assignment. This assignment of proceeds is subject to the terms of any prior mortgage, deed of
<br />trust, security agreement or other lien document.
<br />
<br />9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt
<br />to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance,
<br />transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed by federal law (12
<br />C.F.R. 591), as applicable.
<br />
<br />10. WARRANTIES AND REPRESENTATIONS. Assignor has the right and authority to enter into this Assignment.
<br />The execution and delivery of this Assignment will not violate any agreement governing Assignor or to which
<br />Assignor is a party.
<br />
<br />Ronald L. Follmer
<br />Nebraska Assignment of Leases and Rents
<br />NE/4XX5PAITZ00000000000111043092208N
<br />
<br />@1996 Bankers Systems, Inc., 51. Cloud. MN ~
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