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201702496
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4/19/2017 4:27:47 PM
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4/19/2017 4:27:47 PM
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DEEDS
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201702496
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N �*1 <br />0 <br />- �.•— n z <br />IV x ri so <br />r x <br />WHEN RECORDED MAIL TO: <br />First National Bank of Omaha <br />2223 2nd Ave <br />Kearney. NE 68848 <br />i <br />11 <br />111 <br />111 <br />CD <br />w <br />rte) <br />imiHUUi11umiHUU!umi9ui1!))im iiNmiN11uiu111111imnuiuNu <br />FOR RECORDER'S USE ONLY <br />111111 <br />NOTICE: THIS SUBORDINATION OF DEED OF TRUST RESULTS IN YOUR SECURITY INTEREST <br />IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF <br />SOME OTHER OR LATER SECURITY INSTRUMENT. <br />SUBORDINATION OF DEED OF TRUST <br />THIS SUBORDINATION OF DEED OF TRUST dated April 6, 2017, is made and executed among <br />First National Bank of Omaha ( "Beneficiary "); First National Bank of Omaha ( "Trustee "); <br />Jonathan T Enck; and Elizabeth Enck, husband and wife ( "Borrower "); and First National Bank <br />of Omaha ( "Lender "). <br />SUBORDINATED INDEBTEDNESS. Beneficiary has extended the following described financial accommodations, secured <br />by the Real Pro a (the "Subordinated Indebtedness "): <br />SUBORDINAT D DEED OF TRUST. The Subordinated Indebtedness is or will be secured by the Real Property and <br />evidenced by a deed of trust dated July 23, 2014 from Jonathan T Enck; and Elizabeth Enck, husband and wife <br />( "Trustor ") to First National Bank of Omaha ( "Trustee ") in favor of First National Bank of Omaha ("Beneficiary") (the <br />"Subordinated Deed of Trust ") and recorded in Hall County, State of Nebraska as follows: <br />July 23, 2014 as Instrument No 201404543. <br />REAL PROPERTY DESCRIPTION. The Subordinated Deed of Trust covers the following described real property (the <br />"Real Property") located in Hall County, State of Nebraska: <br />Lot Two (2), Karle Subdivision, Hall County, Nebraska <br />The Real Property or its address is commonly known as 4905 W Old Potash Hwy, now known as 4861 W Old Potash <br />Hwy, Grand Island, NE 68803. <br />SUPERIOR INDEBTEDNESS. Lender has extended or has agreed to extend the following described financial <br />accommodations to Borrower, secured by the Real Property (the "Superior Indebtedness "): <br />LENDER'S LIEN. The Superior Indebtedness is or will be secured by the Real Property and evidenced by a mortgage, <br />deed of trust, or other lien instrument, dated , from Borrower to Lender (the "Lender's <br />Lien "). As a condition to the granting of the requested financial accommodations, Lender has required that the Lender's <br />Lien be and remain superior to the Subordinated Deed of Trust. <br />REQUESTED FINANCIAL ACCOMMODATIONS. Trustor, who may or may not be the same person or entity as <br />Borrower, and Beneficiary each want Lender to provide financial accommodations to Borrower in the form of the <br />Superior Indebtedness. Trustor and Beneficiary each represent and acknowledge to Lender that Beneficiary will benefit <br />as a result of these financial accommodations from Lender to Borrower, and Beneficiary acknowledges receipt of <br />valuable consideration for entering into this Subordination. <br />NOW THEREFORE THE PARTIES TO THIS SUBORDINATION HEREBY AGREE AS FOLLOWS: <br />SUBORDINATION. The Subordinated Deed of Trust and the Subordinated Indebtedness secured by the Subordinated <br />Deed of Trust is and shall be subordinated in all respects to Lender's Lien and the Superior Indebtedness, and it is <br />agreed that Lender's Lien shall be and remain, at all times, prior and superior to the lien of the Subordinated Deed of <br />Trust. Beneficiary also subordinates to Lender's Lien all other Security Interests in the Real Property held by <br />Beneficiary, whether now existing or hereafter acquired. The words "Security Interest" mean and include without <br />limitation any type of collateral security, whether in the form of a lien, charge, mortgage, deed of trust, assignment, <br />pledge, chattel mortgage, chattel trust, factor's lien, equipment trust, conditional sale, trust receipt, lien or title <br />retention contract, lease or consignment intended as a security device, or any other security or lien interest whatsoever, <br />whether created by law, contract, or otherwise. <br />BENEFICIARY'S REPRESENTATIONS AND WARRANTIES. Beneficiary represents and warrants to Lender that: (A) no <br />representations or agreements of any kind have been made to Beneficiary which would limit or qualify in any way the <br />terms of this Subordination; (B) this Subordination is executed at Borrower's request and not at the request of Lender; <br />(C) Lender has made no representation to Beneficiary as to the creditworthiness of Borrower; and (D) Beneficiary has <br />2 <br />
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