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THIS AGREEMENT (the "Agreement "), effective as of the Effective Date above, is made by and among the <br />Subordinating Lender, Owners and the Senior Lender named above. <br />JASON L. BEISSENHERZ AND CRYSTAL K. BEISSENHERZ, HUSBAND AND WIFE, AS JOINT TENANTS <br />WITH 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 particularly described as follows: <br />which document is dated the 10th day of May, 2010, which was filed in Instrument # 0201003801 at page N/a (or <br />as No. N /A) of the Records of the Office of the Register of Deeds of the County of HALL, State of Nebraska (the <br />"Existing Security Instrument "). The Existing Security Instrument secures repayment of a debt evidenced by a note <br />or a line of credit agreement extended to JASON L BEISSENHERZ and CRYSTAL K BEISSENHERZ <br />(individually and collectively "Borrower ") by the Subordinating Lender. <br />The Senior Lender has agreed to make a new loan or amend an existing loan in the original principal amount NOT <br />to exceed $94,000.00 (the "New Loan or Amended Loan "), provided that the New Loan or Amended Loan is <br />secured by a first lien mortgage on the Property (the "New Security Instrument ") 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 Existing Security Instrument. <br />B. Appointment of Substitute Trustee If Applicable <br />The Existing Security Instrument names N /A, as Trustee and the Subordinating Lender as Beneficiary. The <br />Existing Security Instrument provides that the Subordinating Lender may designate and appoint a substitute <br />Trustee in place of any other trustee by an instrument recorded among the appropriate land records. <br />The Subordinating Lender hereby removes N/A as Trustee and designates and appoints N/A as substitute <br />Trustee with the same powers and duties as were originally vested in the Original Trustee under the Existing <br />Security Instrument. <br />C. General Terms and Conditions <br />See Exhibit A <br />2012/0825 <br />Binding Effect — This Agreement shall be binding upon and inure to the benefit of the respective 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, election 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) <br />0000000000589190 <br />Page 2 of 3 <br />