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201802171
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Last modified
4/5/2018 11:21:52 AM
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4/5/2018 11:21:51 AM
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DEEDS
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201802171
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ASSIGNMENT <br />Audit: 208660 <br />Folder: 830 -81 <br />KAY ANDERSEN an individual, to be addressed at 4602 Avenue F, Kearney, Nebraska <br />( "Assignor "), and UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, ( "Railroad "), or <br />their predecessors in interest, have heretofore entered into an agreement dated January 19, 1999, bearing <br />Railroad's Audit Number 208660 (hereinafter "Lease Agreement ") covering Lease: Industrial located at <br />Grand Island, Nebraska. <br />Effective as of July 31, 2017, the Assignor does hereby sell, assign, transfer and set over, unto <br />ANDi PROPERTIES LLC a Nebraska limited liability company to be addressed at do Kay Andersen, <br />4602 Avenue F, Kearney, Nebraska ( "Assignee ") all of Assignor's right, title and interest in and to the <br />Lease Agreement including any supplement or amendment thereto (if any). <br />The Assignee hereby accepts the above assignment and agrees to be bound by and to perform and <br />observe fully and faithfully all of the covenants, stipulations and conditions contained in the Lease <br />Agreement and any supplement or amendment thereto (if any) to be performed and observed by the <br />Assignor and assumes all liabilities and obligations mentioned in the Lease Agreement and any <br />supplement or amendment thereto (if any) to be assumed by the Assignor. <br />Assignee represents and warrants to Railroad that Assignee has purchased and is the owner of all <br />improvements located on, in or under the premises leased under the Lease Agreement. <br />The Railxoad in consideration of the covenants and agreements of the Assignor and the Assignee <br />herein contained, gives its consent to the aforesaid assignment; PROVIDED, however, that such consent <br />shall not be deemed or construed to authorize any further assignment of the Lease Agreement, whether <br />voluntary, by operation of law, or otherwise, without the prior consent in writing of the Railroad; and <br />PROVIDED, FURTHER, that, as between the Assignor and the Railroad, neither said assignment nor <br />anything herein contained shall be construed as releasing the Assignor, in the event of default by the <br />Assignee, from the obligation to perform all of the covenants contained in the Lease Agreement or any <br />supplement or amendment thereto (if any) to be performed by the Assignor, or from any of the liabilities <br />assumed by the Assignor under said agreement(s). <br />Article 1. INSURANCE. <br />A. Throughout the entire term of this Lease, Assignee shall maintain the insurance coverage <br />required under Exhibit C hereto attached and made a part hereof. <br />B. Not more frequently than once every two years, Railroad may reasonably modify the <br />required insurance coverage to reflect then- current risk management practices in the railroad industry and <br />underwriting practices in the insurance industry. <br />C. Upon request of Railroad, Assignee shall provide to Railroad a certificate issued by its <br />insurance carrier evidencing the insurance coverage required under Exhibit C. <br />201802171 <br />
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