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2oioo2922 of this indemnity in trust for those indemnified persons .who are not parties to this Instrument; and (k) neither this provision nor any of the other Benefited Creditor Documents shall operate to put Master Collateral Agent in the position of an owner of the Property prior to any acquisition of the Property by Master Collateral Agent. The rights granted to Master Collateral Agent herein and in the lntercreditor Agreement and other Benefited Creditor Documents are granted solely far the protection of Master Collateral Agent's lien and security interest covering the Property, and do not grant to Master Collateral Agent the right to control Subsidiary's actions, decisions or policies regarding hazardous waste or materials. 21. ADVANCES, COSTS AND_EXPENSES. Subsidiary shall pay within ten (lp) days after written demand from Master Collateral Agent all sums advanced by Master Collateral Agent and all costs and expenses incurred by Master Collateral Agent in taking any actions pursuant to the Intercreditor Agreement and/or the Benefited Creditor Documents including attorneys' fees and disbursements, accountants' fees, appraisal and inspection fees and the costs far title reports and guaranties, together with interest thereon at the rate or rates applicable under the Benefited Creditor Documents after an Event of Default from the date such costs were advanced or incurred. All such costs and expenses incurred by Master Collateral Agent, and advances made, shall constitute advances under this Instrument to protect the Property and shall be secured by and have the same priority as the lien of this Instrument. If Subsidiary fails to pay any such advances, costs and expenses and interest thereon, Master Collateral Agent may apply any undisbursed loan proceeds to pay the same, and, without foreclosing the lien of this Instrument, may at its option commence an independent action against Subsidiary for the recovery of the costs, expenses and/or advances, with interest, together with costs of suit, costs of title reports and guaranty of title, disbursements of counsel and reasonable attorneys' fees incurred therein or in any appeal therefrom. 22. ASSIGNMENT OF LEASES AND RENTS. Subsidiary, for good and valuable consideration, the receipt of which is hereby acknowledged, to secure the Indebtedness, does hereby absolutely and unconditionally grant, bargain, sell, transfer, assign, Canvey, set over and deliver unto Master Collateral Agent all right, title and interest of Subsidiary in, to and under the Leases of the Property, whether now in existence or hereafter entered into, and all guaranties, amendments, extensions and renewals of said Leases and any of them, and all rents, income and profits which may now or hereafter be or become due or owing under the Leases, and any of them, or on account of the use of the Property. Subsidiary represents, warrants, covenants and agrees with Master Collateral Agent as follows; a. The sole ownership of the entire lessor's interest in the Leases is vested in Subsidiary, and Subsidiary has not, and shall not, perform any acts or execute any other instruments which might prevent Master Collateral Agent from fully exercising its rights with respect to the Leases under any of the terms, covenants and conditions of this Instrument. 15 (Grand Island, Hall County, Nebraska) 10476803.5 14451-2246