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Aua-29 -01 08:50am_ From -FF <br />Return To: -1, <br />L.EXIS Document Service-. <br />801 Adlai Stevenson Drive <br />Springfield,.IL 62703 <br />Phone: (217) 5""900 <br />iiuoiu�unimuiiiia <br />117-6-340 <br />Ty <br />4154503450 T -617 P.001 /002 F -516 <br />200108 <br />96_ :1®0821 <br />Transaction No. 2028294 <br />Schedule No. <br />Administrator. Louisa Ribaudo <br />Lessee /Borrower Sixth Street Food Stores, Inc. <br />dba U Save Warehouse Foods <br />Premises <br />3420 West State Street <br />Grand island, NE 68803, (Hall County) <br />MORTGAGEE'S AGREEMENT AND WAIVER <br />Lessee/Borrower has applied to MetLife Capital Corporation ( "MetLife') for financing <br />or leasing of,the following described equipment: <br />All Grocery Store Furniture, Trade Fixtures and Equipment, together with all <br />accessions, additions and attachments thereto and replacements thereof. <br />( "Equipment'). Lessee/Borrower intends to locate the Equipment on the Premises legally <br />described as Poll -Mvs: <br />A tract of land comprising all of Lots 2, 3, 4, 5, 11, 12, and 16, Grand Island Mall, <br />Eighth Subdivision in the city of Grand Island, Hall County, Nebraska <br />MetLife is willing to enter into said transaction only if Mortgagee subordinates and waives as <br />to MetLife any claims, demands or rights Mortgagee may have or hereafter acquire with <br />respect to the Equipment <br />1 Subject to the terms hereof, Mortgagee by this agreement does hereby waive and <br />relinquish to MetLife, its successors and assigns, all rights, claims and demands of every <br />kind against the Equipment now located or to be located on the above Premises, including <br />but not limited to the right of foreclosure; which Mortgagee now has or may hereafter acquire <br />on any of the Equipment presently or hereafter financed or leased by MetLife. <br />2. Mortgagee agrees that the Equipment shall at all times be considered to be <br />personal property and shall not constitute a fixture or become part of the Premises. <br />Mortgagee agrees that MetLife may remove the Equipment from the Premises at all <br />reasonable times, and Mortgagee will give MetLife not less than sixty (60) days written <br />notice if MetLife shall be required to remove the Equipment. <br />3. This Agreement and Waiver shall be binding upon successors, transferees and <br />assigns of Mortgagee and shall inure to the benefit of the successors and assigns of <br />MetLife. <br />MetLife Capital <br />AUG -29 -2001 11:22 <br />4254503450 99% <br />LOANWEWLoANLMTGWAIVR (1193) <br />P.01 <br />