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<br />200702856
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<br />WHEREAS, The Elizabeth Erwin Trust and Elizabeth A. Robertson, individually, have requested
<br />that Lender consent to such transfers and permit the assumption by the Kent and Elizabeth Robertson
<br />Declaration of Trust of the obligations of The Elizabeth Erwin Trust and of Elizabeth A. Robertson,
<br />individually, to Lender under the Assignment.
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<br />WHEREAS, Lender has agreed to such transfers and assumptions on the terms and conditions
<br />contained herein.
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<br />NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties
<br />contained herein, the parties agree as follows:
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<br />1. ASSUMPTION. The Nancy A. Erwin Declaration of Trust and the Kent and Elizabeth
<br />Robertson Declaration of Trust assume and will pay when due all sums now due and owing or to become
<br />due or owing under the Assignment, and will hereafter faithfully perform and, subject to the provisions of
<br />this Agreement, be bound by all terms and conditions of the Assignment and any other instruments,
<br />agreements and documents evidencing the obligations of The Nancy Erwin Trust and The Elizabeth
<br />Erwin Trust owed to Lender under the Assignment as if it was the original party thereto.
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<br />2. RELEASE OF GRANTORS. The Nancy Erwin Trust and The Elizabeth Erwin Trust are
<br />hereby released from any obligations accruing under the Assignment from and after the later to occur of:
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<br />(a) the relinquishment of possession of the Property by The Nancy Erwin Trust to Nancy
<br />A. Erwin, individually, and the subsequent relinquishment by Nancy A. Erwin, individually, of
<br />possession of the Property to the Nancy Erwin Declaration of Trust; and the relinquishment of
<br />possession of the Property by The Elizabeth Erwin Trust to Elizabeth A. Robertson, individually,
<br />and the subsequent relinquishment by Elizabeth A. Robertson, individually, of possession of the
<br />Property to the Kent and Elizabeth Robertson Declaration of Trust;
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<br />(b) the recording of the transfers of title to the Property from The Nancy Erwin Trust to
<br />Nancy A. Erwin, individually, and subsequent transfer of title to the Property from Nancy A. Erwin,
<br />individually to the Nancy Erwin Declaration of Trust, and the recording of the transfers of title to
<br />the Property from The Elizabeth Erwin Trust to Elizabeth A. Robertson, individually, and the
<br />subsequent transfer of title from Elizabeth A. Robertson, individually, to the Kent and Elizabeth
<br />Robertson Declaration of Trust; or
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<br />(c) the execution and delivery of this Agreement and any other document or agreement
<br />required hereunder.
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<br />The Nancy Erwin Trust, The Elizabeth Erwin Trust, Nancy A. Erwin, individually, Elizabeth A.
<br />Robertson, individually, the Nancy Erwin Declaration of Trust and the Kent and Elizabeth Robertson
<br />Declaration of Trust, each hereby confirms, agrees and acknowledges that as of the date of this
<br />Agreement, there are no claims, defenses (legal or equitable), counterclaims, set.ofts and/or other rights
<br />or remedies whatsoever which it now may have, claim or assert against Lender which would in any way
<br />alter, reduce or extinguish its liabilities to Lender.
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<br />3. ADDITIONAL DOCUMENTATION. In addition to this Agreement, The Nancy Erwin
<br />Trust, The Elizabeth Erwin Trust, Nancy A. Erwin, individually, Elizabeth A. Robertson, individually, the
<br />Nancy Erwin Declaration of Trust and the Kent and Elizabeth Robertson Declaration of Trust shall deliver
<br />in form and substance satisfactory to Lender any additional documentation reasonably deemed
<br />necessary by Lender to protect its interests hereunder.
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<br />4. REPRESENTATIONS OF GRANTORS AND TRANSFEREES. The Nancy Erwin
<br />Declaration of Trust and the Kent and Elizabeth Robertson Declaration of Trust represent and warrant
<br />that each of them have personal knowledge of all terms and conditions of the Assignment, and further
<br />agree that Lender shall have no duty to provide any information to The Nancy Erwin Declaration of Trust
<br />and the Kent and Elizabeth Robertson Declaration of Trust regarding said terms and conditions prior to
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<br />Assumption of Assignment of Rents - Conestoga Prope~ 2
<br />Note
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