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201505211
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Last modified
11/5/2015 9:11:40 PM
Creation date
8/3/2015 7:57:57 AM
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DEEDS
Inst Number
201505211
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WHEREAS, in order to induce Ler;er to reconvey the Hartman Deeds of Trust, <br />Borrower has agreed to assign their rights under the Starostka Promissory Note and the Starostka <br />Deed of Trust to Lender, as security for repayment of the Hartman Promissory Note, described <br />above. <br />NOW, THEREFORE, for valuable consideration, Borrower does hereby assign and set <br />over to Lender, its successors and assigns, all its right, title and interest in and to the Starostka <br />Promissory Note and the Starostka Deed of Trust. <br />TO HAVE AND TO HOLD the same from the date hereof during the term of the <br />Hartman Promissory Note, and any renewals, modifications and extensions thereof, as collateral <br />security for repayment of the Hartman promissory Note, subject to the following terms and <br />conditions: <br />1. Borrower shall at all times hold Lender, its successors and assigns, harmless from any <br />obligations and from any and all liability which may at any time arise under the Starostka <br />Promissory Note and the Starostka Deed of Trust. <br />2. Borrower agrees that they shall not have the power to, and will not, modify or terminate <br />the Starostka Promissory Note or the Starostka Deed of Trust, without written consent of Lender. <br />3. In the event of any default on the part of Starostka under the terms of the Starostka Deed <br />of Trust or Starostka Promissory Note, Lender may enforce all rights of Borrower under the <br />Starostka Promissory Note and Starostka Deed of Trust, including the institution of legal action <br />to execute on and sell all real estate encumbered by the Starostka Deed of Trust and the conduct <br />of a non judicial trustee's sale under the power of sale provisions of the Starostka Deed of Trust. <br />4. Lender shall not be under any obligation at any time to perform any of the obligations <br />and duties of Borrower under the Starostka Promissory Note or Starostka Deed of Trust, and <br />shall not be bound by any of the terms, conditions, provisions and covenants which may be <br />binding upon Borrower under the Starostka Promissory Note and Starostka Deed of Trust. <br />5. Borrower agrees to deliver possession of the original Starostka Promissory Note and <br />Starostka Deed of Trust to Lender contemporaneously with execution of this Assignment, and <br />Lender shall hold such originals for so long as this Assignment remains in effect. Borrower <br />further agrees that all payments from Starostka under the Starostka Promissory Note shall be <br />made directly to Lender for application to Borrower's indebtedness to Lender. <br />6. This Assignment shall remain in 11 force and effect until such time as Borrower's <br />liability to Lender under the Hartman Promissory Note is paid in full, at which time this <br />Assignment shall terminate. <br />7. This Assignment shall be binding upon the parties hereto and their successors, assigns, <br />personal representatives, heirs and devisees. <br />IN WITNESS WHEREOF, this Assignment is made on the date set forth above. <br />First State Bank, a Nebraska banking corporation, <br />Lender <br />Richard Hartman <br />), <br />ccrz:z6rivz;F7 <br />Patricia Hartman <br />201505211 <br />
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