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<br />200808200
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<br />A. Title. Assignor has good title to the Leases, Rents and Property and the right to assign, grant and convey to
<br />Lender as additional security the Leases and Rents, and no other person has any right in the Leases and Rents.
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<br />B. Recordation. Assignor has recorded the Leases as required by law or as otherwise prudent for the type and
<br />use of the Property.
<br />C. Default No default exists under the Leases, and the parties subject to the Leases have not violated any
<br />applicable law on leases, licenses and landlords and tenants. Assignor, at its sole cost and expense, will keep,
<br />observe and perform, and require all other parties to the Leases to comply with the Leases and any applicable
<br />law. If Assignor or any party to the Lease defaults or fails to observe any applicable law, Assignor will promptly
<br />notify Lender.
<br />D. Lease Modification. Assignor has not sublet, modified, extended, canceled, or otherwise altered the Leases, or
<br />accepted the surrender of the Property covered by the Leases (unless the Leases so require).
<br />E. Encumbrance. Assignor has not assigned, compromised, subordinated or encumbered the Leases and Rents.
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<br />11. COVENANTS. Assignor agrees to the following covenants:
<br />A. Rent Abatement and Insurance. When any Lease provides for an abatement of Rents due to fire, flood or
<br />other casualty, Assignor will insure against this risk of loss with a policy satisfactory to Lender. Assignor may
<br />choose the insurance company, subject to Lender's approval, which will not be unreasonably withheld.
<br />B. Copies of Leases. Assignor will promptly provide Lender with copies of the Leases and will certify these
<br />Leases are true and correct copies. The existing Leases will be provided on execution of the Assignment, and all
<br />future Leases and any other information with respect to these Leases will be provided immediately after they are
<br />executed.
<br />C. Right To Rents. Immediately after the execution of this Assignment, Assignor will notify all current and future
<br />tenants and others obligated under the Leases of Lender's rights to the Leases and Rents, and will request that
<br />they immediately pay all future Rents directly to Lender when Assignor or Lender asks them to do so.
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<br />D. Accounting. When Lender requests, Assignor will provide to Lender an accounting of Rents, prepared in a
<br />form acceptable to Lender, subject to generally accepted accounting principles and certified by Assignor or
<br />Assignor's accountant to be current, accurate and complete as of the date requested by Lender.
<br />E. Lease Modification. Assignor will not sublet, modify, extend, cancel, or otherwise alter the Leases, or accept
<br />the surrender of the Property covered by the Leases (unless the Leases so require) without Lender's written
<br />consent.
<br />F. Encumbrance. Assignor will not assign, compromise, subordinate or encumber the Leases and Rents without
<br />Lender's prior written consent.
<br />G. Future Leases. Assignor will not enter into any future Leases without prior written consent from Lender.
<br />Assignor will execute and deliver such further assurances and assignments as to these future Leases as Lender
<br />requires from time to time,
<br />H. Personal Property. Assignor will not sell or remove any personal property on the Property, unless Assignor
<br />replaces this personal property with like kind for the same or better value.
<br />I. Prosecution and Defense of Claims. Assignor will appear in and prosecute its claims or defend its title to the
<br />Leases and Rents against any claims that would impair Assignor's interest under this Assignment and, on
<br />Lender's request, Assignor will also appear in any action or proceeding on behalf of Lender. Assignor agrees to
<br />assign to Lender, as requested by Lender, any right, claims or defenses which Assignor may have against parties
<br />who supply labor or materials to improve or maintain the leaseholds subject to the Leases and/or the Property.
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<br />J. Liability and Indemnification. Lender does not assume or become liable for the Property's maintenance,
<br />depreciation, or other losses or damages when Lender acts to manage, protect or preserve the Property, except
<br />for losses or damages due to Lender's gross negligence or intentional torts. Otherwise, Assignor will indemnify
<br />Lender and hold Lender harmless for all liability, loss or damage that Lender may incur when Lender opts to
<br />exercise any of its remedies against any party obligated under the Leases.
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<br />Ronald L. Follmer
<br />Nebraska Assignment of Leases and Rents
<br />NEJ4XXSPAITZ00000000000111043092208N
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<br /><;;>1996 Bankers Systems, Inc., 51. Cloud, MN ~
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