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~ ~-`' <br />_ r~-~ ~ to 17'1 <br />ww~r~ A, <br />~ ~ ~ = ~ r' <br />~ ~~ ~ o <br />~ <br />~ <br />~ f <br />77 <br />..~.~ ~ <br />- N <br /> ` --.~ trl ~ <br /> <br /> <br /> ~ <br /> <br />~ ~ <br />~ ~ <br />~~' ~ ~ <br /> <br />h- h1 ~ "1 ~"'" ~ <br />„"~ ~ X71 <br />.w C'J <br />~ <br />Z <br /> <br />~ <br />~ <br />~ rr7 <br />e~ <br />~ <br />"' <br />V <br />C <br />U, ( <br />Sa Gll ~ <br /> r,; <br />~ <br /> ~ ~ C1~1 ~. u ~ <br /> F--+ C.C7 <br />~~^ ~ cn <br />~...^... C.] <br /> ~ , . <br />~. t~ <br />RF,CF.iVF,R'S ASSi(iNMF,NT QF N(~,;tF, AND Mf7RTGA(iF,/1)F.F.D (~F TRIZ~ <br />KNOW ALL MEN BY THESE PRESENTS: <br />Effective June 4, 2010, this Assignment is entered into between the FEDERAL DEPOSIT <br />INSURANCE CORPORATION (the "ERIC"), as Receiver far TierOne Bank, Lincoln, Nebraska <br />(the "Sauk"), whose mailing address is 1601 Bryan Street, 32"d Flaar, Dallas, Texas 75201, as <br />("Assi,gnox"), and Great Western Bank, a bank chartered under the laws of the State of South <br />Dakota, as ("9ssiguee"), whose address is 100 North Phillips Avenue, 4th Floor, Siaux Falls, South <br />Dakota 57104, and its successors and/or assigns. <br />WHEREAS, the Bank was closed by the Office of Thrift Supervision on June 4, 2010, and <br />the FDIC was appointed as receiver (the "Receiver"); and <br />WHEREAS, the Receiver is the successor in interest to the right, title and interest of the <br />Bank to the Note, the Mortgage/Deed of Trust, Security Agreement, Financing Statement, <br />Assignment, and other related documents, if any, described in F.xhihrt A (collectively called the <br />"T.c~an T)ncuments"); anal <br />WHEREAS, the Assignor desires to assign to Assignee all of its right, title, and interest in <br />and to the Laan Documents and the indebtedness evidenced thereby, and Assignee desires to <br />assume all of the Assignor's obligatians thereunder; and <br />NOW, THEREFORE, for goad and valuable consideration, paid by Assignee to the <br />Assignor, the receipt and sufficiency of which are hereby acknowledged, the Assignor assigns to <br />Assignee all of the Assignor's right, title, and interest in, to, and under, and Assignee hereby <br />assumes all of the Assignor's obligations under, the Loan Documents, in each case pursuant and <br />subject to that certain Purchase and Assumption Agreement between the Receiver and Assignee <br />dated as of June 4, 2010 (the "Purchase anc~ Accmm~trnn A~r-Pement"). <br />THE CONVEYANCE OF ASSETS UNDER THIS ASSIGNMENT IS MADE "AS IS", <br />CHl 5353184v.3 <br />