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201300963
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Last modified
12/31/2013 11:44:06 AM
Creation date
2/7/2013 10:35:30 AM
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DEEDS
Inst Number
201300963
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201300963 <br /> 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 /> LARRY D.OAKMAN AND GAYLE J.OAKMAN,HUSBAND AND WIFE,AS JOINT TENANTS AND NOT <br /> AS TENANTS IN COMMON(individually and collectively the"Owner")own the real property located at the <br /> above Property Address(the"Property"). <br /> The Subordinating Lender has an interest in the Property by virtue of a Real Estate Deed Of Trust(With Future <br /> Advance Clause)given by the Owner,covering that real property,more particularly described as follows: <br /> See Exhibit A <br /> recorded slit/zoo& <br /> which document is dated the 24th day of April, 2006,which was filed in Instrument#0200604483 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 GAYLE J OAKMAN and LARRY D OAKMAN(individually and <br /> 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$52,850.00(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 /> 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 /> 11E360 SUB-NE(rev 20120217) Page 2 of 3 <br /> 0000000000628281 <br />
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