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<br /> MYS��EL�A.�T���JS ��� ��.� S
<br /> iHEAUGUfTIMHCO.�II787 � - '
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<br /> �AI�, v_��R___ . . .
<br /> IN TH� DISTRICT CGURT� OF HALL COUI�TTY, NEBFASKA. . .
<br /> EDNA HILL ) CASE N0. � 3 3 2 -
<br /> PLAINTIFF ) -
<br /> Vg ) AGREE&iENT TO WAIVE AND .
<br /> ) 5UBORDINATE JUDGE�i�.P1T .
<br /> J�Ii2ES M.HILL, ) �
<br /> DEFENDAiTT ) -
<br /> WHEREAS, �tto Giesenha.�en of Grand Islarid, Nebraska, is the holder of a certain note in original
<br /> princip�.l amount of �1075.00 d�.ted October I�, 1932, executed by James Bd.Hill and Ed.na �.Hill, each
<br /> in_ their own right, an.d as 'r�usb€�nd and v�ife, the s�.me being secured by first mortgage recorded in ,
<br />' Book 70, page 202, of the �4ortg�,ge records of Hall Count,T, Nebra.ska, encumbering real e atate des-
<br /> cribed as :- Lot �ight (�) in Block Tv�elve (12) in Schimmer 's Addition to the .City oP Grand Island,
<br /> Hall County, Nebraska, as surveyed, platted and recorded; .
<br /> APSD WHEREAS, the said Otto Giesenhagen is now desirous oP having -sa.id note and mortgage .paid; and
<br /> VVfIHHEREA.S, titZe to the above described premises is now vested in the said James M.HiII, unmarried,
<br /> sub,ject to s�.id mort�;�.ge Iien; and whereas, the said Edna Hill, a.lso known as Edna M.HiIl, was
<br /> awarded a ,judgement, for support money aga.inst the said James R�.HiII by Decree oP the Di�trlet
<br /> Court of Hall County, Nebr�.s�a,� under date oP August 2�, �936, and as later modiPied under date
<br /> J anuary 15, 1937, in the matter Hill vs Hi1Z, Case No. �3�2; and .
<br /> tNHEREAS, The Equitab�.e Building & Loan AsGociation of Grand Island,Nebraska, under date oP April
<br /> 25, . 193�, ha.e consented to make the sald James b�.Hill a loan in tYie amount of �700.00, to be repaid
<br /> in monthly installments, for purpo�P of makir�g pay ment to the said Otto Giese nh�.gen of the �unpaid
<br /> bal�.nce due on tYie mortg€a.ge note above deseribed, provided the I.oa,n to be made to t�.e s�,id Jam�s M.
<br /> Hill ca.n b� secured by a Fir�t 1�or�gage lien on the pr�ises above described, a�d ta.ke subatitute
<br /> position for the mort;age novr held by the said Otto �eaenhagen, and be prior to and, superior to °
<br /> the support money �judg�ent now held by the said Ea.�i�: Hill under Decrees of the District Court oP
<br /> Hall County, Npbr�.ska, as aY�ove referred to. - . _ �
<br /> �'dHEREFORE, in consideration of the c�.ncetlat'ion and release of the note and mortgage for �1075..00
<br /> executed by ��id JameS Iv�.H�.11. and _Edna Nt.Hill - by the said Otto Giegenhagen, mortgagee; and
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<br /> for the purpose of m�.king po�sible the repaymPnt thereof by rePunding of the unp�id balance due
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<br /> thereon under a loan to be made by �he Equitable Bullding & Lo�n Associ_ation of Gr�.nd Island, -
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<br /> Nebr�,ska, I, Edna Hill, also kno�r�n as Edna M.HiII, do hereby conaent to, and do hereby waive and
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<br /> .
<br /> subordinate the lien of the Jud�em�n� Por support money awarded to me by the District Court of Hall
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<br /> County, NebraRka, in t�o ,Par as ,it af�'eet8 the prioxi.ty of the Iien of the mortgage loan of The
<br /> Equitable Buildin� & Lo�.n Association; it being the intention that sa.id mortgage lien of �aid �
<br /> Equit�.ble Building &, Loan Association ahall be prior to and superior to lien of said Judgement,
<br /> and sa.id �udgeraent shall be �unior, inferior and sub�ect to said Buildin� & voan Association mort-
<br /> ��,ge, the s�iz�e as said ,�ud.gement nop� is - tio the mortgage lien which it will refund, held by the �
<br /> said Otto Giese�hagen. The lien of said �udgemertt to otherwise remain in fuZl -force and Effeet. �
<br /> . In testimony whereoP, 2 have he��eunto subacribed my name a� 'Grand Is}.and,Nebraska, this 24 day of
<br /> I��.y� 193�•
<br /> t�itness:� � � Edna �.Hill
<br /> Lloyd W.Kelly �
<br /> � STATE OF NEBRASKA ) On this 2�+ day of &Iay, �93�, before me, the undersigned, a Notary
<br /> )ss Public, duly qualified and commissioned for said County, personally
<br /> COIJNTY OF H�iLL ) car�e Edna Hill, to me personally known to be the identical person whose
<br /> narne i� t�ffixed to the f�-regain�; instrurne�it, and acknovaledged Lhe execution thereof to be hPr v�:�lun- '
<br /> t�,ry act and deed for tYie purposes therein atated.
<br /> Witneas my h�.nd and I�tot�.rial Seal at Grand Island in s�,id County the cla.y and year last �.bove written.
<br /> Lloyd V�.Kelly
<br /> (Sr,AL) No tary Publ ic
<br /> My cor�mission expires Oct. 27, 1939• '
<br /> ,. Filed for record this 25th d.��,y of May, 193�, at 9:15 o 'clock A.M. Q
<br /> Register of Dee a �
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