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200205692 <br />performed by DOLPHIN ENTERPRISES, TRUSTOR therein, at the <br />time, in the manner and in all respects as therein <br />provided; and <br />To be bound by each and all of the terms and provisions <br />of the Promissory Notes and Deed of Trust as though said <br />Notes and Deed of Trust had originally been made, <br />executed and delivered by BUYER individually; <br />this Agreement recognizes, however, the reduction of the principal <br />amount of the Note or Notes and payment of interest thereon to the <br />extent of said payments made prior to the date of the execution <br />this Agreement. <br />2. No Impairment of Lien. All of the real property described <br />in the Deed of Trust shall remain in all respects subject to the <br />lien, charge or encumbrance of the Deed of Trust described above <br />and nothing herein contained, and nothing done pursuant hereto, <br />shall affect or be construed to affect the lien, charge or <br />encumbrance or conveyance by said Deed of Trust or the priority <br />thereof. <br />3. Assumption of Security Agreements. BUYER does hereby <br />jointly and severally agree to assume and be obligated to FIVE <br />POINTS BANK upon any Security Agreement given by DOLPHIN <br />ENTERPRISES NEBRASKA, L.L.C. to FIVE POINTS BANK as collateral for <br />the Promissory Notes identified at Exhibit "A ". <br />4. Consent to Assumption. FIVE POINTS BANK as BENEFICIARY <br />does hereby consent to the assumption by BUYER of the obligations <br />identified herein. Nothing contained herein shall be construed to <br />be a waiver or release of liability of DOLPHIN ENTERPRISES, its <br />members, guarantors, or sureties from any obligation they may have <br />to FIVE POINTS BANK identified herein. In the event of default of <br />payment of any of the obligations identified herein, FIVE POINTS <br />BANK reserves its right to proceed against any and all parties <br />hereto for the enforcement and collection of sums remaining due and <br />owing on the obligations identified herein or as subsequently <br />modified. <br />IN WITNESS WHEREOF, this instrument has been executed by the <br />parties hereto as of the day and year first above written. <br />FIVE POINTS BANK, A Nebraska <br />Corporation, BENEFICIARY <br />-2- <br />