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Yacht Basin Assignment of Real Estate Lease and Agreement-signature pages8. INDEMNIFICATION BY ASSIGNOR. Borrower hereby agrees to indemnify Assignee against and hold it harmless from any and all liability, loss or damage which Assignee may incur under the Lease Agreements, or under or by reason of this Assignment, and of and from any and all claims and demands whatsoever which may be asserted against Assignee by reason of any alleged obligation or its undertaking on its part to perform or discharge any of the terms, covenants or agreements contained in the Lease Agreements; should Assignee incur any such liability, loss or damage under the Lease Agreements, or under or by reason of this Agreement, or in the defense against any such claim or demands, the amount thereof, including costs, expenses and reasonable attorney's fees shall be secured hereby, and Borrower shall reimburse Assignee immediately upon demand, and upon the failure of Borrower to do so, Assignee may declare all sums secured hereby immediately due and payable. 9. SUCCESSORS AND ASSIGNS. This Agreement inures to the benefit of and shall be binding upon the parties and their respective heirs, successors and assigns. The term "Lease Agreements" or "Lease" means not only the Lease Agreements here assigned but also any amendment, modification, renewal or extension of said Lease Agreements. The term "Loan Agreement" means not only the Loan Agreement, but also any amendment or modification to said Loan Agreement. Dated: February 22, 2002. DUBUQUE YACHT BASIN, INC. f/k/a DYB, INC. Borrower By: Donald P. Shanley, I(resident FIRSTAR BANK, N.A. Assignee Dean G. W. enbusch, Senior Lender CITY OF DUBUQUE Lessor By: Terrance M. Duggan, Ma Bv. ,•4; eanne F. Schneider, City Clerk STATE OF IOWA ) ss: COUNTY OF DUBUQUE On this as day of "..e,L, , 2002, before me, the undersigned, a Notary Public in and for the said State, rsonally appeared Donald P. Shanley, to me personally known, who being duly sworn, did say that he is the President of said corporation executing the within and foregoing instrument; that no seal has been procured by the said; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that the said Donald P. Shanley as such officer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by him voluntarily executed. Th DEAN G. WILGENBUSCH Commission Number 141692 My Comm. Exp. 11/20/04 Not Public In and r said State. My Commission Expires: /60/ay STATE OF IOWA ) ) ss: COUNTY OF DUBUQUE ) On this ,; .c/day of /Te -tapt° , 2002, before me, the undersigned, a Notary Public in and for the said State, personally appeared Dean G. Wilgenbusch, to me personally known, who being by me duly sworn, did say that he is the Senior Lender of Firstar Bank, N.A., a national banking association, executing the within and foregoing instrument, that the seal affixed thereto is the seal of the Bank; that said instrument was signed and sealed on behalf of the Bank by authority of its Board of Directors; and that Dean G. Wilgenbusch, as an officer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the Bank, by it and by him voluntarily executed. Notary Public In and for said State. My Commission Expires: STATE OF IOWA ) ) ss: COUNTY OF DUBUQUE ) On this p c day of ,e1,44.,LetA,t-i , 2002, before me, the undersigned, a Notary Public in and for the said State, personally appeared Terry M. Duggan and Jeanne F. Schneider to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, an Iowa municipal corporation executing the within and foregoing instrument; that said instrument was signed on behalf of said City and that the said Terry M. Duggan and Jeanne F. Schneider as Mayor and City Clerk acknowledged the execution of the foregoing instrument to be the volu ,y act anof said _ 'ty, by it and by them voluntarily executed. Notary Public In and for said State. My Commission Expires: Co /44/6 ,fit v, d/o • •,U� ,Nr