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<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 />
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