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<br />200808200 <br /> <br />K. 'Leasehold Estate. Assignor will not cause or permit the leasehold estate under the Leases to merge with <br />Assignor's reversionary interest, and agrees that the Leases shall remain in full force and effect regardless of any <br />merger of the Assignor's interests and of any merger of the interests of Assignor and any party obligated under <br />the Leases. <br />L. Insolvency. Lender will be the creditor of each tenant and of anyone else obligated under the Leases who is <br />subject to an assignment for the benefit of creditors, an insolvency, a dissolution or a receivership proceeding, or <br />a bankruptcy. <br /> <br />12. DEF AU LT. Assignor will be in default if any of the following occur: <br />A. Payments. Assignor fails to make a payment in full when due. <br />B. Insolvency or Bankruptcy. The death, dissolution or insolvency of, appointment of a receiver by or on behalf <br />of, application of any debtor relief law, the assignment for the benefit of creditors by or on behalf of, the voluntary <br />or involuntary termination of existence by, or the commencement of any proceeding under any present or future <br />federal or state insolvency, bankruptcy, reorganization, composition or debtor relief law by or against Assignor, <br />Borrower, or any co-signer, endorser, surety or guarantor of this Assignment or any other obligations Borrower <br />has with Lender. <br />C. Death or Incompetency. Assignor dies or is declared legally incompetent. <br />D. Failure to Perform. Assignor fails to perform any condition or to keep any promise or covenant of this <br />Assignment. <br />E. Other Documents. A default occurs under the terms of any other document relating to the Secured Debts. <br /> <br />F. Other Agreements. Assignor is in default on any other debt or agreement Assignor has with Lender. <br />G. Misrepresentation. Assignor makes any verbal or written statement or provides any financial information that <br />is untrue, inaccurate, or conceals a material fact at the time it is made or provided. <br />H. Judgment Assignor fails to satisfy or appeal any judgment against Assignor. <br />J. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a legal authority. <br /> <br />J. Name Change. Assignor changes Assignor's name or assumes an additional name without notifying Lender <br />before making such a change. <br />K. Property Transfer. Assignor transfers all or a substantial part of Assignor's money or property. This condition <br />of default, as it relates to the transfer of the Property, is subject to the restrictions contained in the DUE ON SALE <br />section. <br />L. Property Value. Lender determines in good faith that the value of the Property has declined or is impaired. <br /> <br />M. Insecurity. Lender determines in good faith that a material adverse change has occurred in Assignor's <br />financial condition from the conditions set forth in Assignor's most recent financial statement before the date of <br />this Assignment or that the prospect for payment or performance of the Secured Debts is impaired for any reason. <br /> <br />13. REMEDIES. After Assignor defaults, Lender may at Lender's option do anyone or more of the following. <br />A. Acceleration. Lender may make all or any part of the amount owing by the terms of the Secured Debts <br />immediately due. <br />B. Additional Security. Lender may demand additional security or additional parties to be obligated to pay the <br />Secured Debts. <br />C. Sources. Lender may use any and all remedies Lender has under Nebraska or federal law or in any document <br />relating to the Secured Debts. <br />D. Insurance Benefits. Lender may make a claim for any and all insurance benefits or refunds that may be <br />available on Assignor's default. <br />E. Payments Made On Assignor's Behalf. Amounts advanced on Assignor's behalf will be immediately due and <br />may be added to the Secured Debts. <br /> <br />Ronald L. Follmer <br />Nebraska Assignment of Leases and Rents <br />NE/4XXSPAiTZ00000000000111043092208N <br /> <br />"'1996 Bankers Systems, inc., 51. Cloud. MN ~ <br /> <br />Initials liJ, <br />Page 6 <br />