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200205692
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200205692
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Last modified
10/14/2011 11:10:04 PM
Creation date
10/22/2005 8:43:52 PM
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DEEDS
Inst Number
200205692
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200205692 <br />AGREEMENT BETWEEN TRUSTOR, BENEFICIARY AND <br />PURCHASER FOR ASSUMPTION OF DEBT <br />AND DEED OF TRUST <br />THIS AGREEMENT is made this �L day of May, 2002, by and <br />between FIVE POINTS BANK, A Nebraska Corporation, hereinafter <br />referred to as "BENEFICIARY ", DOLPHIN ENTERPRISES NEBRASKA, L.L.C., <br />A Kansas Limited Liability Company registered to do business in <br />Nebraska, hereinafter referred to as " TRUSTOR" and sometimes as <br />"SELLER ", and by DAFFODIL, L.L.C., A Nebraska Limited Liability <br />Company, and AHMED M. KAMAL, HABIBUR R. KHAN, MOHAMMAD A. KALAM, <br />PRAN KRISHINA SAHA, and MOHAMMED ZANNATUL FERDAOUS, all hereinafter <br />collectively referred to as "BUYER ". <br />WHEREAS, SELLER is indebted to FIVE POINTS BANK by virtue of <br />a certain Note or Notes hereinafter more particularly described on <br />attached Exhibit Al' " incorporated herein by reference, secured by <br />a Deed of Trust dated November 3, 2000, and recorded in the Office <br />of the Hall County Register of Deeds as Instrument No. 0200009653; <br />and <br />WHEREAS, TRUSTOR has sold and conveyed to BUYER all of the <br />real property described in the Deed of Trust upon condition that <br />the BUYER will agree to assume the Promissory Notes securing the <br />Deed of Trust; and <br />WHEREAS, in consideration of the execution of this Agreement <br />by BENEFICIARY, BUYER is willing to assume the payment of the <br />indebtedness due and owing to FIVE POINTS BANK hereinabove <br />described, such assumption having been agreed to by and between <br />TRUSTOR and BUYER as part consideration for the conveyance of the <br />premises described in the above Deed of Trust; <br />NOW, THEREFORE, in consideration of the premises and of the <br />mutual agreements contained herein and upon the express condition <br />that the lien of the aforesaid Deed of Trust held by BENEFICIARY is <br />a valid, first and subsisting lien on real property and that the <br />execution of this Agreement will not impair the lien of said Deed <br />of Trust and that there is no existing second mortgage or other <br />lien subsequent to the lien of the BENEFICIARY, FIVE POINTS BANK, <br />it is hereby agreed as follows: <br />1. Assumption of Indebtedness. BUYER jointly and severally <br />hereby covenant, promise and agree: <br />A. To pay the Promissory Notes described in attached Exhibit <br />"A" at the times, in the manner, and in all respects as <br />therein provided; <br />To perform each and all of the covenants, agreements and <br />obligations in the Deed of Trust identified above to be <br />
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