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201301983
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3/14/2013 3:14:27 PM
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3/14/2013 3:14:27 PM
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DEEDS
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201301983
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Recording Requested By, <br />and After Recording, Return To: <br />Capital One, N.A. <br />\ 505 Main Street, Suite 300 <br />Fort Worth, Texas 76102 <br />Attn: Michael Q. Barber <br />11‘\\\t <br />\ I <br />RECITALS <br />rn <br />a <br />at Cr) <br />Col Cr) <br />SUBORDINATION, NON - DISTURBANCE, <br />ATTORNMENT AND ESTOPPEL AGREEMENT <br />THIS SUBORDINATION, NON - DISTURBANCE, ATTORNMENT AND <br />ESTOPPEL AGREEMENT ( "Agreement ") is executed on the dates of acknowledgement <br />below but intended to be effective as of the 26th day of December, 2012, by and between <br />PREFERRED PUMP & EQUIPMENT, L.P., a Texas limited partnership ( "Lessee "), and <br />CAPITAL ONE, N.A., a national banking association ( "Bank "). <br />A. Bank has extended credit or may hereafter extend credit to LYNE REALTY, <br />L.P., a Texas limited partnership ( "Borrower" or "Lessor "), secured, in whole or in part, by a <br />deed of trust (the "Deed of Trust ") covering that certain real property situated in Hall County, <br />Nebraska, and described on Exhibit A attached hereto and incorporated herein by this reference <br />(the "Property "). <br />B. Lessee has leased, or intends to lease, all or a portion of the Property pursuant to a <br />lease between Lessor and Lessee (the "Lease "), which Lease will not be recorded. It is a <br />condition of Bank's agreement to extend or continue credit to Borrower secured by the Property <br />that the security of the Deed of Trust be and at all times remain a lien or charge on the Property <br />prior and superior to the rights of Lessee under the Lease. <br />NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are <br />hereby acknowledged, the parties hereto agree as follows: <br />Subordination, Non- Disturbance, Attornment and Estoppel Agreement Page 1 <br />SNDA - Preferred Pump (Grand Island, NE) <br />
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