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2oo90s909 Assignee. The parties anticipate that this document shall be filed and recorded with the Registrar of Deeds of Hall County, Nebraska and shall constitute a security interest as defined in Neb. Rev. Stat. § 52-1701 et.sea. SECTION THREE ASSIGNOR'S WARRANTIES Assignor warrants to Assignee: A. It is the sole owner of the leases assigned by this instrument insofar as it applies to the property covered by this assignment and or all the leasehold rights which the leases purport to create, with full power to convey the same. B. The leases are unencumbered, valid and in full force and effect in accordance with their terms. C. The Lessee(s) aze not in default under any of the terms, conditions, or covenants of the leases and that appropriate Estoppel Agreements on request of Assignee from time to time will be provided to Assignee with respect to each lease. D. The rental property, rental payments, and other sums are free from liens, encumbrances, claims, and setoffs of every kind whatsoever except as follows: a first deed of trust in favor of Assignee, easements, covenants and restrictions of record on the real estate. E. If Assignor shall be in default on any Note, Trust Deed, or on any term of a loan document dated on October 21, 2008, as amended, and in the event any payment under the leases hereby assigned is made to Assignor, it will promptly transmit such payment to Assignee. SECTION FOUR ASSIGNOR'S COVENANTS Assignor agrees and covenants to Assignee: A. It will observe and perform all obligations imposed on lessor under the leases hereby assigned and to indemnify Assignee from any and all consequences of any failure to do so. B. It will not collect any rent, income, or profits accruing under the leases or from the premises prior to the time when they shall become due. C. It will preserve the subject property free and clear of all liens and encumbrances, except as otherwise agreed by the parties to this assignment. D. It will not execute any other assignment of lessor's interest in the leases or assignment of rents accruing under the leases or from the premises. 2