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201206815
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Last modified
8/17/2012 8:48:55 AM
Creation date
8/17/2012 8:48:54 AM
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DEEDS
Inst Number
201206815
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2012068�5 <br />THIS AGREEMENT (the "AgreemenY'), effective as of the Effective Date above, is made by and among the <br />Subordinating Lender, Owners and the Senior Lender named above. <br />JAMES B. CMAPBELL AND TAMRA L. CAMPBELL, HUSBAND AND WIFE, AS JOINT TENANTS WITH <br />RIGHT OF SURVIVORSHIP, AND NOT AS TENANTS IN COMMON (individually and collectively the <br />"Owner") own the real property located at the above Property Address (the "Property"). <br />The Subordinating Lender has an interest in the Property by virtue of a Short Form Open-End Deed of Trust given <br />by the Owner, covering that real property, more particulazly described as follows: <br />See Exhibit A <br />which document is dated the 17th day of January, 2009, which was filed in Document ID# 0200900700 at page <br />N/A (or as No. N/A) of the Records of the Office of the Register of Deeds of the County of Hall, State of Nebraska <br />(the "Existing Security Instrument"). The Existing Security Instrument secures repayment of a debt evidenced by a <br />note or a line of credit agreement extended to JAMES B CAMPBELL and TAMRA L CAMPBELL (individually <br />and collectively "Borrower") by the Subordinating Lender. <br />T'he Senior Lender has agreed to make a new loan or amend an existing loan in the original principal amount NOT <br />to exceed $143,000.00 (the "New Loan or Amended Loan"), provided that the New Loan or Amended Loan is <br />secured by a first lien mortgage on the Properiy (the "New Security InstrumenY') in favor of the Senior Lender. If <br />the New Loan or Amended Loan exceeds this amount, the Subordination Agreement is VOID. <br />The Subordinating Lender is willing to subordinate the lien of the Existing Security Instrument to the lien of the <br />New Security Instrument under the terms set forth in this Agreement. <br />NOW, THEREFORE, for and in consideration of the above recitals, the covenants herein contained, and for good <br />and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: <br />A. Agreement to Subordinate <br />Subordinating Lender and Trustee, if applicable, hereby subordinates the lien of the Existing Security <br />Instrument, and all of its modifications, extensions and renewals, to the lien of the New Security Instrument. <br />This Agreement is effective as to any sum whose repayment is presently secured or which may in the future be <br />secured by the ExisNng Security Instrument. <br />B. Appointment of Substitute Trustee IfApplicable <br />7'he Existing Security Instrument names N/A, as Trustee and the Subordinating Lender as Beneficiary. The <br />Existing Security Instrument provides that the Subordinaring Lender may designate and appoint a substitute <br />Trustee in place of any other trustee by an instavment recorded among the appropriate land records. <br />The Subordinating Lender hereby removes N/A as Trustee and designates and appoints N/A as subsritute <br />Trustee with the same powets and duties as were originally vested in the Original Trustee under the Existing <br />Security Instrument. <br />C. General Terms and Conditions <br />Binding Effect — This Agreement shall be binding upon and inure to the benefit of the respearive heirs, legal <br />representatives, successors and assigns of the parties hereto and all of those holding title under any of them. <br />Nonwaiver — This Agreement may not be changed or terminated orally. No indulgence, waiver, elecrion or <br />non-election by New Lender or the trustee(s) under the New Security Instrument or related documents shall <br />affect this Agreement. <br />HE360 SUB - NE (rev 20120217) Page 2 of 3 <br />0000000000510490 <br />
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