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T'MS AGREEMENT made and executed this 6TH day of <br />VICE PRESIDENT — Y EPTE R 2001 , by TIM A W 7C'T �- <br />for Five Points Bank, hereinafter referred to as "Subordinat Creditor "��K ... r <br />benefit of HOME FEDIERAL, SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, herrinafterhreftrrod to as more), for <br />"Secured t]re <br />Party". <br />WITNESSETH: <br />WHEREAS. JOSEPH M R.ROWN and LORI 7 BROWN, (whether one or more), hcrCinaftcr referred to as "Debtor', has <br />granted to the Subordinating Creditor a Mortgage or Dccd of Trust dated September 23, 1999, and filed in the office of the Hall on <br />October 1, 1999 as document # 99- 109673_ County Register of Deeds, in respect to that real estate described as: <br />LOT ONE (1),•MIRACLF VALLEY SUBDIVISION, TO THE CITY OP GRAND ISLAND, HAIL COUNTY, <br />NEBRASKA. <br />WHEREAS, the Secured Party has agreed to enter into a loan transaction with the Debtor, whereby certain funds are to be <br />advanced to the Debtor condition upon the Debtor providing the Sccurod patty with a first lien in respect to the above described real <br />estate, hereinafter referred to as the " Collatefal'; and <br />WHEREAS, the Subordinating Creditor is willing to subordinate any lien it may have in respect to dic Collateral by reason of <br />Subordinating Creditor's Mortgage or Deed of Trust of record to perfect security whenever and wherever tiled in order to assure the <br />Secured Party of a first lien position in and to tha Collateral; <br />NOW, THEREFORE, it is agreed: <br />I . no Subordinating Creditor IL=by consents to a subordination, of its priority position to the Secured Party and agrees that <br />its lien in respect to the Mortgage or Deed of Trust hereinabove described, if any, shall at all times be secondary w the extent herein <br />provided and subject to the lien of the Secured Party in respect to the Collateral. <br />2. The Subordinating Creditor hereby consents to the Debtor granting Secured Party a first lien in all the Collateral as <br />described above to secure indebtedness to be advanced to Debtor by Secured Party, in the on Teal ri ci sI am t of One Hundred <br />Eighty Thousand dollars Dollars(Slso,000.00). Deed of Trust recorded as 0&C. #200105387. <br />3. So long as an obligation is outstanding from the Debtor to the Secured Parry for indebtedness evidenced by Promissory <br />Notes or other instntmettls of indebtedness to the extent herein provided in Paragraph 2, the Scoured Pasty's interest in the Collateral <br />shall have priority to over the lien, of the Subordinating Creditor in that Collateral, and the Subordinating Creditor's interest in that <br />Collateral is, in. all respects, subject and subordirtata to the security interest of the Secured Party <br />owing to Sccurod patty in respect to the indebtedness described in Paragraph 2 along with interest stt and costs allocable there sum <br />Cvidcnced. <br />d. So long a.4 any portion of the dcw.ribed obligation to the Secured Party <br />Deed of Trust or oticcr instrument of security between the Debtor and the Secur is <br />arty are contrrolling�as todthe Collateral in which <br />Secured Patty is to have a first security interest, including any time there is a conflict between it and the provisions of any lien <br />instrument Granted to the Subordinating Creditor by the Debtor. <br />5. This Agreement is a continuing, ,absolute and unconditional agreement of subordination without regard to the validity or <br />enforceability of the Promissory Noteg or other instruments of indcbtedneaa between the Debtor and the Secured Party evidencing <br />sums due or documents granting a security intet•c st in the Collateral, irrespective of the time or order of attachment or perfection of the <br />security interest in tht Collateral or the order of filing the Deeds of Trust or other instrutents of security with respect to the Collateral. <br />6. This Agreement shall remain in full force and effect and is binding upon the Subordinating Creditor and upon its <br />successors and assigns, so long as any portion of the sums secured as described in Paragrapb 3 are outstanding and unpaid. <br />7. The Subordinating Creditor and agrees that the Promissory Notes or other instrurncnts of indebtedness of the Debtor <br />Compromised, accelerated, settled or relea <br />evidencing the obligation between the Debtor and the Secured parry Wray from Time to time be renewed, extended, modified, <br />released, Secured <br />notice to or consent by the Subordinating Creditor, <br />FIVE PPOINTS, <br />"Suborditlatmb Creditor" <br />TIM A. WOJCIK <br />VICE PRESIDENT <br />C rn <br />z n a <br />x <br />o <br />C, c„ <br />o. <br />CD <br />C; <br />CA <br />►—, <br />o <br />`� <br />c� <br />_ <br />m <br />2 --i <br />r�� <br />N <br />C =. <br />o <br />f <br />-a <br />-j <br />CD <br />� <br />C*12 <br />U) <br />c`. <br />rr <br />Cr <br />r <br />d a <br />� <br />r <br />r <br />CD <br />a <br />C.3 <br />4 <br />200109433 <br />SUORD1 A ON AcMEMaU <br />T'MS AGREEMENT made and executed this 6TH day of <br />VICE PRESIDENT — Y EPTE R 2001 , by TIM A W 7C'T �- <br />for Five Points Bank, hereinafter referred to as "Subordinat Creditor "��K ... r <br />benefit of HOME FEDIERAL, SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, herrinafterhreftrrod to as more), for <br />"Secured t]re <br />Party". <br />WITNESSETH: <br />WHEREAS. JOSEPH M R.ROWN and LORI 7 BROWN, (whether one or more), hcrCinaftcr referred to as "Debtor', has <br />granted to the Subordinating Creditor a Mortgage or Dccd of Trust dated September 23, 1999, and filed in the office of the Hall on <br />October 1, 1999 as document # 99- 109673_ County Register of Deeds, in respect to that real estate described as: <br />LOT ONE (1),•MIRACLF VALLEY SUBDIVISION, TO THE CITY OP GRAND ISLAND, HAIL COUNTY, <br />NEBRASKA. <br />WHEREAS, the Secured Party has agreed to enter into a loan transaction with the Debtor, whereby certain funds are to be <br />advanced to the Debtor condition upon the Debtor providing the Sccurod patty with a first lien in respect to the above described real <br />estate, hereinafter referred to as the " Collatefal'; and <br />WHEREAS, the Subordinating Creditor is willing to subordinate any lien it may have in respect to dic Collateral by reason of <br />Subordinating Creditor's Mortgage or Deed of Trust of record to perfect security whenever and wherever tiled in order to assure the <br />Secured Party of a first lien position in and to tha Collateral; <br />NOW, THEREFORE, it is agreed: <br />I . no Subordinating Creditor IL=by consents to a subordination, of its priority position to the Secured Party and agrees that <br />its lien in respect to the Mortgage or Deed of Trust hereinabove described, if any, shall at all times be secondary w the extent herein <br />provided and subject to the lien of the Secured Party in respect to the Collateral. <br />2. The Subordinating Creditor hereby consents to the Debtor granting Secured Party a first lien in all the Collateral as <br />described above to secure indebtedness to be advanced to Debtor by Secured Party, in the on Teal ri ci sI am t of One Hundred <br />Eighty Thousand dollars Dollars(Slso,000.00). Deed of Trust recorded as 0&C. #200105387. <br />3. So long as an obligation is outstanding from the Debtor to the Secured Parry for indebtedness evidenced by Promissory <br />Notes or other instntmettls of indebtedness to the extent herein provided in Paragraph 2, the Scoured Pasty's interest in the Collateral <br />shall have priority to over the lien, of the Subordinating Creditor in that Collateral, and the Subordinating Creditor's interest in that <br />Collateral is, in. all respects, subject and subordirtata to the security interest of the Secured Party <br />owing to Sccurod patty in respect to the indebtedness described in Paragraph 2 along with interest stt and costs allocable there sum <br />Cvidcnced. <br />d. So long a.4 any portion of the dcw.ribed obligation to the Secured Party <br />Deed of Trust or oticcr instrument of security between the Debtor and the Secur is <br />arty are contrrolling�as todthe Collateral in which <br />Secured Patty is to have a first security interest, including any time there is a conflict between it and the provisions of any lien <br />instrument Granted to the Subordinating Creditor by the Debtor. <br />5. This Agreement is a continuing, ,absolute and unconditional agreement of subordination without regard to the validity or <br />enforceability of the Promissory Noteg or other instruments of indcbtedneaa between the Debtor and the Secured Party evidencing <br />sums due or documents granting a security intet•c st in the Collateral, irrespective of the time or order of attachment or perfection of the <br />security interest in tht Collateral or the order of filing the Deeds of Trust or other instrutents of security with respect to the Collateral. <br />6. This Agreement shall remain in full force and effect and is binding upon the Subordinating Creditor and upon its <br />successors and assigns, so long as any portion of the sums secured as described in Paragrapb 3 are outstanding and unpaid. <br />7. The Subordinating Creditor and agrees that the Promissory Notes or other instrurncnts of indebtedness of the Debtor <br />Compromised, accelerated, settled or relea <br />evidencing the obligation between the Debtor and the Secured parry Wray from Time to time be renewed, extended, modified, <br />released, Secured <br />notice to or consent by the Subordinating Creditor, <br />FIVE PPOINTS, <br />"Suborditlatmb Creditor" <br />TIM A. WOJCIK <br />VICE PRESIDENT <br />