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<br />-f · <br /> <br />200702858 <br /> <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; <br /> <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; or <br /> <br />(c) the execution and delivery of this Agreement and any other document or agreement <br />required hereunder. <br /> <br />The Nancy Erwin Trust, Nancy A. Erwin, individually, and the Nancy Erwin Declaration of Trust, <br />each hereby confirms, agrees and acknowledges that as of the date of this Agreement, there are no <br />claims, defenses (legal or equitable), counterclaims, set-ofts and/or other rights or remedies whatsoever <br />which it now may have, claim or assert against Lender which would in any way alter, reduce or extinguish <br />its liabilities to Lender. <br /> <br />3. ADDITIONAL DOCUMENTATION. In addition to this Agreement, The Nancy Erwin <br />Trust, Nancy A. Erwin, individually, and the Nancy Erwin Declaration of Trust shall deliver in form and <br />substance satisfactory to Lender any additional documentation reasonably deemed necessary by Lender <br />to protect its interests hereunder. <br /> <br />4. REPRESENTATIONS OF GRANTOR AND TRANSFEREE. The Nancy Erwin <br />Declaration of Trust represents and warrants that it has personal knowledge of all terms and conditions of <br />the Assignment, and further agrees that Lender shall have no duty to provide any information to The <br />Nancy Erwin Declaration of Trust regarding said terms and conditions prior to execution of this <br />Agreement. The Nancy Erwin Trust, Nancy A. Erwin, individually, and the Nancy Erwin Declaration of <br />Trust, each acknowledges that the consent of Lender to the transfer and assumption set forth herein shall <br />not be deemed to be a consent by Lender to any further or subsequent assumption by any party of any of <br />the obligations of The Nancy Erwin Declaration of Trust to Lender under the Assignment, or to the sale or <br />other transfer of all or any portion of or interest in the Property. The Nancy Erwin Trust, Nancy A. Erwin, <br />individually, and the Nancy Erwin Declaration of Trust, each represents and warrants that it has obtained <br />all consents and approvals necessary or required for the transfer of Property. <br /> <br />5. LENDER CONSENT. Lender hereby consents to the transfers of the Property to the <br />Nancy Erwin Declaration of Trust and that said transfer does not constitute a default hereunder. This <br />consent does not imply consent to any subsequent transfer of the Property. <br /> <br />6. HEADINGS. The headings used herein are for descriptive purposes only and shall not <br />be deemed a part of the provisions hereof. <br /> <br />7. APPLICABLE LAW. This Agreement shall be governed by and construed in accordance <br />with the laws of the State of Nebraska. <br /> <br />8. CONTINUING VALIDITY OF ASSIGNMENT. Except to the extent modified or amended <br />by the provisions hereof, all terms and conditions of the Assignment shall remain in full force and effect, <br />as assumed by The Nancy Erwin Declaration of Trust. <br /> <br />Assumption of Assignment of Rents - Donald Mehring Note 2 <br />