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<br />WHEN RECORDED MAIL TO:
<br />First National Bank of Omaha
<br />13th and N - Lincoln Branch
<br />134 South 13th ST
<br />Lincoln, NE 68508
<br />579805092019*
<br />FOR RECORDER'S USE ONLY
<br />NOTICE: THIS SUBORDINATION OF DEED OF TRUST RESULTS IN YOUR SECURITY
<br />INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE
<br />LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT.
<br />SUBORDINATION OF DEED OF TRUST r
<br />THIS SUBORDINATION OF DEED OF TRUST dated October 2'5 , 2019, is made and
<br />executed among MELODEE A. ANDERSON and FIRST NEBRASKA TRUST COMPANY,
<br />CO -TRUSTEES OF THE ROGER D. ANDERSON QTIP MARITAL DEDUCTION TRUST CREATED
<br />PURSUANT TO ARTICLE VIII, PARAGRAPH A. OF THE ROGER D. ANDERSON REVOCABLE
<br />LIVING TRUST AGREEMENT DATED MAY 11, 1998 AS AMENDED JUNE 30, 2008
<br />("Beneficiary"); Brandon S Connick, Attorney -at -Law ("Trustee"); RMA INVESTMENTS, L.L.C.
<br />("Borrower"); and First National Bank of Omaha ("Lender").
<br />SUBORDINATED INDEBTEDNESS. Beneficiary has extended the following described financial accommodations, secured by
<br />the Real Property (the "Subordinated Indebtedness"):
<br />Promissory note dated May 31, 2008, to Michael D Anderson and Barbara A Anderson, in the original principal
<br />amount of $5,000,000.00, in favor of Beneficiary; AND Promissory note dated May 31, 2008, to A.A.I., Inc., a
<br />Nebraska Corporation made with a personal guaranty of Michael D Anderson and Barbara D Anderson, In the
<br />original principal amount of $5,000,000.00, In favor of Beneficiary.
<br />SUBORDINATED DEED OF TRUST. The Subordinated Indebtedness is or will be secured by the Real Property and
<br />evidenced by a deed of trust dated May 31, 2008 from RMA INVESTMENTS, L.L.C. ("Trustor") to Bruce I Smith, Attorney -at -Law
<br />("Trustee") in favor of Estate of Roger D. Anderson, Deceased ("Beneficiary") (the "Subordinated Deed of Trust") and recorded
<br />in Hall County, State of Nebraska as follows:
<br />Inst # 200805005 recorded June 10, 2008 at Hall County, NE Register of Deeds;
<br />as amended by Assignment of Deed of Trust recorded September 17, 2012 as Inst # 201207736; and
<br />as amended by Assignment of Deed of Trust recorded September 19, 2012 as Inst # 201207798.
<br />REAL PROPERTY DESCRIPTION. The Subordinated Deed of Trust covers the following described real property (the "Real
<br />Property") located in Hall County, State of Nebraska:
<br />Lot Two (2) Commonwealth Business Park Second Subdivision, an Addition to the City of Grand Island, Hall County,
<br />Nebraska.
<br />The South One Hundred (100') feet of Lot Three (3), Commonwealth Business Park Fourth Subdivision, an addition to the
<br />City of Grand Island, Hall County, Nebraska.
<br />The Real Property or its address is commonly known as 120 Diers Ave, 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 />Promissory note dated May 9, 2019, in the original principal amount of $11,229,345.32; Promissory note dated May
<br />9, 2019, in the original principal amount of $1,000,000.00; and Promissory note dated July 1, 2019, In the original
<br />principal amount of $4,260,000.00; and shall Include all renewals, modifications and extensions of such
<br />documents.
<br />LENDER'S LIEN. The Superior Indebtedness is or will be secured by the Real Property and evidenced by a mortgage, deed of
<br />trust, or other lien instrument, dated May 9, 2019, from Borrower to Lender (the "Lender's Lien") and recorded in Lancaster
<br />County, State of Nebraska as follows:
<br />Inst # 201902746 recorded May 15, 2019 at Hall County, NE Register of Deeds.
<br />As a condition to the granting of the requested financial accommodations, Lender has required that the Lender's Lien be and
<br />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 Borrower, and
<br />Beneficiary each want Lender to provide financial accommodations to Borrower in the form of the Superior Indebtedness.
<br />Trustor and Beneficiary each represent and acknowledge to Lender that Beneficiary will benefit as a result of these financial
<br />accommodations from Lender to Borrower, and Beneficiary acknowledges receipt of valuable consideration for entering into this
<br />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 Deed of
<br />Trust is and shall be subordinated in all respects to Lender's Lien and the Superior Indebtedness, and it is agreed that Lender's
<br />Lien shall be and remain, at all times, prior and superior to the lien of the Subordinated Deed of Trust. Beneficiary also
<br />subordinates to Lender's Lien all other Security Interests in the Real Property held by Beneficiary, whether now existing or
<br />hereafter acquired. The words "Security Interest" mean and include without limitation any type of collateral security, whether in
<br />the form of a lien, charge, mortgage, deed of trust, assignment, pledge, chattel mortgage, chattel trust, factor's lien, equipment
<br />trust, conditional sale, trust receipt, lien or title retention contract, lease or consignment intended as a security device, or any
<br />other security or lien interest whatsoever, whether created by law, contract, or otherwise.
<br />BENEFICIARY'S REPRESENTATIONS AND WARRANTIES. Beneficiary represents and warrants to Lender that: (A) no
<br />ENTERED AS INSTRUMENT Na
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