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202305920
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11/9/2023 3:43:04 PM
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11/9/2023 3:43:04 PM
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DEEDS
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202305920
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t <br />202305920 <br />Return to: <br />Brandon S. Connick <br />Smith Johnson Law Firm <br />104 N. Wheeler Avenue <br />Grand Island, NE 68801 <br />LOAN ASSUMPTION AGREEMENT <br />(With Release) <br />THIS LOAN ASSUMPTION AGREEMENT is made and entered into on this 31st <br />day of October, 2023 by and among K -G LEGACY, LLC, a Nebraska limited liability <br />company, hereinafter reg erred to as the "New Obligor"; RICK N. FOXWORTHY and <br />KAREN L. FOXWORT , husband and wife, hereinafter collectively referred to as the <br />"Lender"; and CAMS I STMENTS, L.L.C., a Nebraska limited liability company, <br />hereinafter referred to as "Released Obligor". <br />WITNESSETH: <br />WHEREAS, Rebased Obligor executed a Promissory Note dated April 1, 2021 in the <br />principal amount of One Hundred Seventy -Nine Thousand Six Hundred Fifteen and 50/100 <br />Dollars ($179,615.50) (tie "Promissory Note") in favor of Lender; <br />WHEREAS, the Promissory Note is secured by that certain Deed of Trust dated <br />April 1, 2021 and filed ithe Office of the Hall County, Nebraska Register of Deeds on April <br />1, 2021 as Instrument o. 202102677 (the "Deed of Trust"); <br />WHEREAS, Ne Obligor desires to assume the obligations of the Released Obligor <br />under the Promissory ote and Deed of Trust; and <br />WHEREAS, Lender is willing to permit the assumption by New Obligor of the <br />Released Obligor's liabi_ity under the Promissory Note and Deed of Trust, subject, however, <br />to the terms of this Loan Assumption Agreement. <br />NOW, THEREF <br />is agreed: <br />1. Recitals. <br />RE, in consideration of the mutual covenants herein contained, it <br />The foregoing recitals are incorporated herein by this reference. <br />2. Consent to Assumption. Lender does hereby consent to the assumption by <br />New Obligor and New Obligor, upon execution of this Loan Assumption Agreement, hereby <br />assumes all of Released Obligor's obligations under the Promissory Note and Deed of Trust <br />effective as of the date f this Loan Assumption Agreement and Lender agrees not to <br />declare a default by rea on of such assumption by New Obligor of the entirety of the <br />remaining obligations, rovided all remaining indebtedness and the terms and conditions of <br />the Promissory Note and Deed of Trust are well and truly satisfied. <br />3. Provisions of Assumption. The New Obligor does hereby assume and agree to <br />pay the entirety of the eleased Obligor's remaining indebtedness evidenced by the <br />Promissory Note. Moreover, the New Obligor does hereby assume and agree to also <br />perform all of the oblig tions of Released Obligor contained in the Deed of Trust. <br />4. Release o Released Obligors. In consideration of the assumption by the New <br />Obligor of the obligatio s herein to be assumed, Lender hereby releases Released Obligor <br />1 <br />
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