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M• <br />• <br />CA <br />M <br />n <br />rn <br />n <br />200309959 <br />M <br />rn <br />T <br />C <br />Z <br />D <br />N <br />2 <br />rn <br />n <br />y <br />ASSIGNMENT, ASSUMPTION AND RELEASE AGREEMENT <br />This Assignment, Assumption and Release Agreement (the "Agreement ") is entered into <br />as of the 31 °5t-day of July, 2003 by and among CONTINENTAL VILLAS, LTD, <br />whose mailing address is PO Box 5201, Grand Island, Nebraska 68003 (the "Borrower "), <br />and O'CONNOR ENTERPRISES, INC., a corporation organized under the laws of the <br />State of Nebraska and having its principal place of business at PO Box 139, Grand Island, <br />Nebraska 68802 (the "Assignee "), and SECURITY FINANCIAL LIFE INSURANCE <br />CO., f/k/a The Security Mutual Life Insurance Company of Lincoln, Nebraska, a <br />corporation organized under the laws of the State of Nebraska and having its principal <br />place of business at 4000 Pine Lake Road, P.O. Box 82248, Lincoln, NE 68501 (the <br />"Lender "). <br />PREMISES <br />Whereas, on June 10, 1999, Lender loaned to Borrower the principal sum of One Million <br />Nine Hundred Fifty Thousand Dollars and 00 /100ths ($1,950,000.00) pursuant to the <br />documents described on Exhibit "A" attached hereto and incorporated herein by this <br />reference (the "Loan Documents "); and <br />Whereas, Borrower desires to assign and transfer to Assignee, and Assignee desires to <br />assume and accept, all Borrower's rights and obligations to Lender under the Loan <br />Documents as of the date hereof pursuant to the terms and conditions set forth herein; and <br />Whereas, Lender is willing to consent to such assignment and transfer from Borrower to <br />Assignee upon payment of the Loan Assumption Fee (defined below) and subject to the <br />terms and conditions set forth herein. <br />Now therefore, in consideration of the premises set forth above, the representations, <br />warranties and covenants set forth herein, and other good and valuable consideration, the <br />receipt and adequacy of which are hereby acknowledged, and intending to be legally <br />bound, the parties hereto agree as follows: <br />2375870v2 <br />AGREEMENT <br />O1'n <br />N <br />CD <br />O fl' <br />w D <br />O <br />-t <br />co <br />C.t'1 <br />co <br />C� <br />O --4 <br />C D <br />m <br />r- w <br />3 <br />" ' <br />CD <br />� <br />N <br />n <br />Cn <br />.� . . <br />N <br />C1� <br />N <br />ASSIGNMENT, ASSUMPTION AND RELEASE AGREEMENT <br />This Assignment, Assumption and Release Agreement (the "Agreement ") is entered into <br />as of the 31 °5t-day of July, 2003 by and among CONTINENTAL VILLAS, LTD, <br />whose mailing address is PO Box 5201, Grand Island, Nebraska 68003 (the "Borrower "), <br />and O'CONNOR ENTERPRISES, INC., a corporation organized under the laws of the <br />State of Nebraska and having its principal place of business at PO Box 139, Grand Island, <br />Nebraska 68802 (the "Assignee "), and SECURITY FINANCIAL LIFE INSURANCE <br />CO., f/k/a The Security Mutual Life Insurance Company of Lincoln, Nebraska, a <br />corporation organized under the laws of the State of Nebraska and having its principal <br />place of business at 4000 Pine Lake Road, P.O. Box 82248, Lincoln, NE 68501 (the <br />"Lender "). <br />PREMISES <br />Whereas, on June 10, 1999, Lender loaned to Borrower the principal sum of One Million <br />Nine Hundred Fifty Thousand Dollars and 00 /100ths ($1,950,000.00) pursuant to the <br />documents described on Exhibit "A" attached hereto and incorporated herein by this <br />reference (the "Loan Documents "); and <br />Whereas, Borrower desires to assign and transfer to Assignee, and Assignee desires to <br />assume and accept, all Borrower's rights and obligations to Lender under the Loan <br />Documents as of the date hereof pursuant to the terms and conditions set forth herein; and <br />Whereas, Lender is willing to consent to such assignment and transfer from Borrower to <br />Assignee upon payment of the Loan Assumption Fee (defined below) and subject to the <br />terms and conditions set forth herein. <br />Now therefore, in consideration of the premises set forth above, the representations, <br />warranties and covenants set forth herein, and other good and valuable consideration, the <br />receipt and adequacy of which are hereby acknowledged, and intending to be legally <br />bound, the parties hereto agree as follows: <br />2375870v2 <br />AGREEMENT <br />O1'n <br />N <br />CD <br />O fl' <br />w D <br />O <br />-t <br />co <br />C.t'1 <br />co <br />C� <br />