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