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^: <br />~j` ~ ~ cn <br />p ~ ~~ ~ , ~~ o ~ C7 <br />~ 1,_ ~ ~ ~ ~ <br />e <br />~ (~ o cn a V~ C.C~ <br />~ O ~ ~ <br />.,.~ ~ <br />,._ _, ~. <br />_ .._ <br />RRCF,iVF.R'.C ASRiC.NMF,NT OF NOTF. AlVll MORTGAQR/DF.F.D f1F TR1iRT <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 "FDIC"), as Receiver for TierOne Bank, Lincoln, Nebraska <br />(the "Bank"), whose mailing address is 1601 Bryan Street, 32"a Floor, Dallas, Texas 75201, as <br />("Ass'g1L"), and Great Western Bank, a bank chartered under the laws of the State of South <br />Dakota, as ("Asrtig~ee"), whose address is 100 North Phillips Avenue, 4~' Floor, Sioux Fa11s, 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.xhihit A (collectively called the <br />"Loan Documents"); and <br />WHEREAS, the Assignor desires to assign to Assignee all of its right, title, and interest in <br />and to the Loan Documents and the indebtedness evidenced thereby, and Assignee desires to <br />assume all of the Assignor's obligatians thereunder; and <br />NOW, THEREFORE, for good 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 and Assurnnti~n A ep ement"), <br />THE CONVEYANCE OF ASSETS UNDER THIS ASSIGNMENT IS MADE "AS IS", <br /> <br />~E7 <br />rrt <br />v <br />n <br />to <br />-~ <br />~"J <br />m <br />Z <br />iD <br />~_ <br />c <br />CHl 5353184v.3 <br />