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<br />Recording Requested By, ':,~"") 0::"-'"
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<br />-.....j And After Recording, Return TOt ~ o ."t- 0 11 :;.~ -.l G:
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<br />1\.) WELLS FARGO BANK, )..,(.. ;;J: "'1
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<br />OJ NATIONAL ASSOCIATION S r"'rl t :n J~ : ~J ::s
<br />01 r-,., :3 r-" ;:;J , r0 I
<br />0) 304 W. 3rd Street ~. 0 I :r,.
<br /> if> (j) co
<br /> Grand Island, NE 68801 ~ to ^
<br /> Attn: Bradley T. Bell :t>- en
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<br />
<br />ASSUMPTION AGREEMENT OF ASSIGNMENT OF RENTS
<br />
<br />THIS ASSUMPTION AGREEMENT (this "Agreement") is entered into as ~007 by and
<br />between Donald D. Mehring, not personally but as Trustee on behalf of The Nancy A. Erwin Trust under
<br />Agreement dated June 23, 1989 (the "Nancy Erwin Trust") and Donald D. Mehring, not personally but as
<br />Trustee on behalf of the Elizabeth A. Erwin Trust under Agreement dated May 10, 1994 (the "Elizabeth
<br />Erwin Trust") (the Nancy Erwin Trust and the Elizabeth Erwin Trust are each a "Grantor"); Nancy A. Erwin
<br />and Elizabeth A. Robertson (formerly known as Elizabeth A. Erwin) (each individually, an "Initial
<br />Transferee"); Nancy A. Erwin, Trustee of the Nancy A. Erwin Declaration of Trust dated March 10, 1986
<br />(the "Nancy Erwin Declaration of Trust", a "Transferee"), and Kent S. Robertson and Elizabeth A.
<br />Robertson, Trustee of the Kent S. Robertson and Elizabeth A. Robertson Declaration of Trust dated
<br />January 20, 2006 (the "Kent and Elizabeth Robertson Declaration of Trust", a "Transferee"); and Wells
<br />Fargo Bank, National Association, as successor in interest to Wells Fargo Bank Nebraska, National
<br />Association, a national banking association ("Lender").
<br />
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<br />RECITALS
<br />
<br />WHEREAS, Conestoga Properties, a Nebraska general partnership, obtained a loan from Lender
<br />evidenced by, and subject to the terms of, that certain promissory note dated as of November 12, 2003, in
<br />the original principal amount of $670,000.00 (the "Note"), secured by an Assignment of Rents executed
<br />by each of the general partners of Conestoga Properties: The Nancy Erwin Trust; Donald D. Mehring, not
<br />personally but as Trustee on behalf of The John M. Mehring Trust under Agreement dated May 21, 1994;
<br />The Elizabeth Erwin Trust; Donald D. Mehring, not personally but as Trustee on behalf of The Christian S.
<br />Mehring Trust under Agreement dated January 20, 1995; and by Donald D. Mehring and Marilyn J.
<br />Mehring, husband and wife, each a Grantor, to Lender, dated as of November 12, 2003 and recorded on
<br />November 14, 2003: as Instrument No. 0200314967, of the Official Records of Hall County, Nebraska
<br />(the "Assignment"), with respect to the real property described on Exhibit A attached hereto and
<br />incorporated herein by this reference.
<br />
<br />WHEREAS, The Nancy Erwin Trust transferred all of its interest in the title to the real property
<br />encumbered by the Assignment (the "Property") to Nancy A. Erwin, individually. Subsequently, Nancy A.
<br />Erwin, individually, transferred all of her interest in the title to the Property to the Nancy Erwin Declaration
<br />of Trust.
<br />
<br />WHEREAS, The Elizabeth Erwin Trust transferred all of its interest in the title to the Property to
<br />Elizabeth A. Robertson, individually. Subsequently, Elizabeth A. Robertson, individually, transferred all of
<br />her interest in the title to the Property to the Kent and Elizabeth Robertson Declaration of Trust.
<br />
<br />WHEREAS, The Nancy Erwin Trust, Nancy A. Erwin, individually, and the Nancy Erwin
<br />Declaration of Trust have requested that Lender consent to such transfers and permit the assumption by
<br />the Nancy Erwin Declaration of Trust of the obligations of The Nancy Erwin Trust and of Nancy A. Erwin,
<br />individually, to Lender under the Assignment.
<br />
<br />Assumption of Assignment of Rents ~ Conestoga Properties
<br />Note
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