|
<br />~~ ~
<br />:::S' ~ c
<br />... I'\ n Z
<br />~. ~ x n c
<br />~ ~ .~ l:; ~
<br />~~:C
<br />.t:--~
<br />~ ~
<br />~
<br />
<br />on
<br />~~
<br />n::t
<br />x
<br />
<br /> ;.~
<br /> ':':".J- ("") U)
<br /> <::::;>
<br /> ""'\-l --.l 0 -,
<br /> ........ c:: l>
<br /> ,--' \. '.. ...... Z -I
<br />::e ~ '. -0 -t fT1
<br />rTl ."'... ::0 -<
<br />~~-- c>
<br />.......... 0 ..,..,
<br />o \ 0 "
<br />--,-, :z
<br />0 )-,(. :r rl1
<br />rTl r ::n D-- ( ;:J
<br />rTl 3 r ~o
<br />0 r l>
<br />(fJ UJ
<br /> <...D ^
<br /> l>
<br /> .......... ..............
<br /> c.....> (fl
<br /> (f)
<br />
<br />i
<br />
<br />N
<br />G
<br />G
<br />-...j
<br />G
<br />N
<br />co
<br />c.n
<br /><D
<br />
<br />Recording Requested By,
<br />And After Recording, Return To:
<br />WELLS FARGO BANK,
<br />NATIONAL ASSOCIATION
<br />304 W. 3rd Street
<br />Grand Island, NE 68801
<br />Attn: Bradley T. Bell
<br />
<br />. \
<br />cl
<br />
<br />200702859
<br />
<br />ASSUMPTION AGREEMENT OF DEED OF TRUST
<br />
<br />THIS ASSUMPTION AGREEMENT (this "Agreement") is entered into as "&2007 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", a "Trustor"); Nancy A. Erwin, individually
<br />("Initial Transferee"); Nancy A. Erwin, Trustee of the Nancy A. Erwin Declaration of Trust dated March 10,
<br />1986 (the "Nancy Erwin Declaration of Trust" and "Transferee"); and Wells Fargo Bank, National
<br />Association, a national banking association ("Lender").
<br />
<br />RECITALS
<br />
<br />WHEREAS, Donald D. Mehring obtained a loan from Lender evidenced by, and subject to the
<br />tt;'!rms of, that certain promissory note dated as of December 31, 2003, in the original principal amount of
<br />$280,000.00 (the "Note"), secured by a deed of trust by The Nancy Erwin Trust, having an undivided one-
<br />half "interest, and by Donald D. Mehring and Marilyn J. Mehring, husband and wife, having an undivided
<br />one-half interest, each a Trustor, to Wells Fargo Financial National Bank, as Trustee, for the benefit of
<br />Lender, as Bef}eficiary, dated as of December 31, 2003 and recorded on January 9, 2004, as Instrument
<br />No. 02004002,tl77, of the Official Records of Hall County, Nebraska (the "Deed"), with respect to the real
<br />property described on Exhibit A attached hereto and 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 Deed (the "Property") to Nancy A. Erwin, individually, and 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 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 assumptions by
<br />the Nancy Erwin Declaration of Trust of the obligations of The Nancy Erwin Trust, to Lender under the
<br />Deed, and Lender has agreed to said transfers and assumptions on the terms and conditions contained
<br />herein.
<br />
<br />NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties
<br />contained herein, the parties agree as follows:
<br />
<br />1. ASSUMPTION. The Nancy A. Erwin Declaration of Trust assumes and will pay when
<br />due all sums now due and owing or to become due or owing under the Deed, and will hereafter faithfully
<br />perform and, subject to the provisions of this Agreement, be bound by all terms and conditions of the
<br />Deed and any other instruments, agreements and documents evidencing the obligations of The Nancy
<br />Erwin Trust owed to Lender under the Deed as if it was the original party thereto.
<br />
<br />2. RELEASE OF TRUSTOR. The Nancy Erwin Trust is hereby released from any
<br />obligations accruing under the Deed from and after the later to occur of:
<br />
<br />Assumption of DOT ~ Donald Mehring Note
<br />
<br />1
<br />
<br />c::> ~
<br />r'0 fir
<br />C) f!
<br />c::> ;:
<br />--.)
<br /> -
<br />c::> i
<br />r0
<br />0)
<br />Cf'1
<br />CD ....
<br /> ~
<br />~.
<br />\5';J>
<br /> t.J
<br />
|