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<br />VITHEREAS, Cornerstone Bank, N.A., (hereinafter referred to as "Cornerstone "), is
<br />the Beneficiary and holder of a Deed of Trust executed by David J. Janovec and Laurie J. Janovec,
<br />husband and wife, (hereinafter referred to as "Borrowers"), dated August 5, 2003, and recorded
<br />August 26, 2003, as Instrument No. 20031127 1, of the records of Hall County, Nebraska, covering
<br />the following described real estate, to -wit:
<br />See attached Exhibit "A" (the "Subject Real Estate ");
<br />WHEREAS, Borrowers will be granting easement rights to TLC Properties, Inc., a
<br />Louisiana corporation, after collectively referred to as "TLC ");
<br />WHEREAS, TLCs' Grant of Easement should be paramount and superior to the lien
<br />of Cornerstone.
<br />NOW, THEREFORE, in consideration of One Dollar ($1.00) and other valuable
<br />consideration to Cornerstone, the receipt whereof is hereby acknowledged, Cornerstone does hereby
<br />waive the priority of its Deed of Trust as described above and any other security it may have in the
<br />subject real estate and agrees that said TLC's Grant of Easement shall be superior to said Corner-
<br />stone's Deed of Trust and Cornerstone agrees that its Deed of Trust executed and recorded prior in
<br />time to said TLC's Grant of Easement shall be subject, junior, and subordinate to TLC's Grant of
<br />Easement.
<br />Provided, however, that nothing herein contained shall operate in any way to release
<br />or affect the validity of Cornerstone's security instruments as liens upon the Subject Real Estate or to
<br />otherwise affect the priority of said Cornerstone's lien except as herein provided.
<br />This Agreement shall be binding upon the undersigned and its successors and assigns.
<br />011,1111IIIt/l
<br />\ \\ �uted this 27thday of February, 2004-
<br />TO
<br />`�� �C��••• ° °•• °° °•'< CORNER ONE B NK N.A.
<br />•
<br />° i a By
<br />Its Ke dell 11 Sr. Vice President
<br />w c�4.
<br />1iT %OF NER(-',01_A )
<br />AQ )SS
<br />Co1'T"YR )
<br />/ /3/lll !! 1111111
<br />On this 27th day of February. 2004, before me the undersigned, a Notary Public,
<br />personally came Kendell Holthus, Sr- Vi rp Praei dent of Cornerstone Bank
<br />N.A., by me known to be the identical person whose name is affixed to the foregoing instrument in
<br />said capacity and acknowledged the execution thereof to be the voluntary act and deed of said person
<br />and the voluntary act and deed of said corporation.
<br />WITNESS my hand and notarial seal the day and year last above written.
<br />Notary Pub is
<br />My Commission Expires:' / L12-
<br />GEN=NOTARY braska EN
<br />, 2006
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<br />VITHEREAS, Cornerstone Bank, N.A., (hereinafter referred to as "Cornerstone "), is
<br />the Beneficiary and holder of a Deed of Trust executed by David J. Janovec and Laurie J. Janovec,
<br />husband and wife, (hereinafter referred to as "Borrowers"), dated August 5, 2003, and recorded
<br />August 26, 2003, as Instrument No. 20031127 1, of the records of Hall County, Nebraska, covering
<br />the following described real estate, to -wit:
<br />See attached Exhibit "A" (the "Subject Real Estate ");
<br />WHEREAS, Borrowers will be granting easement rights to TLC Properties, Inc., a
<br />Louisiana corporation, after collectively referred to as "TLC ");
<br />WHEREAS, TLCs' Grant of Easement should be paramount and superior to the lien
<br />of Cornerstone.
<br />NOW, THEREFORE, in consideration of One Dollar ($1.00) and other valuable
<br />consideration to Cornerstone, the receipt whereof is hereby acknowledged, Cornerstone does hereby
<br />waive the priority of its Deed of Trust as described above and any other security it may have in the
<br />subject real estate and agrees that said TLC's Grant of Easement shall be superior to said Corner-
<br />stone's Deed of Trust and Cornerstone agrees that its Deed of Trust executed and recorded prior in
<br />time to said TLC's Grant of Easement shall be subject, junior, and subordinate to TLC's Grant of
<br />Easement.
<br />Provided, however, that nothing herein contained shall operate in any way to release
<br />or affect the validity of Cornerstone's security instruments as liens upon the Subject Real Estate or to
<br />otherwise affect the priority of said Cornerstone's lien except as herein provided.
<br />This Agreement shall be binding upon the undersigned and its successors and assigns.
<br />011,1111IIIt/l
<br />\ \\ �uted this 27thday of February, 2004-
<br />TO
<br />`�� �C��••• ° °•• °° °•'< CORNER ONE B NK N.A.
<br />•
<br />° i a By
<br />Its Ke dell 11 Sr. Vice President
<br />w c�4.
<br />1iT %OF NER(-',01_A )
<br />AQ )SS
<br />Co1'T"YR )
<br />/ /3/lll !! 1111111
<br />On this 27th day of February. 2004, before me the undersigned, a Notary Public,
<br />personally came Kendell Holthus, Sr- Vi rp Praei dent of Cornerstone Bank
<br />N.A., by me known to be the identical person whose name is affixed to the foregoing instrument in
<br />said capacity and acknowledged the execution thereof to be the voluntary act and deed of said person
<br />and the voluntary act and deed of said corporation.
<br />WITNESS my hand and notarial seal the day and year last above written.
<br />Notary Pub is
<br />My Commission Expires:' / L12-
<br />GEN=NOTARY braska EN
<br />, 2006
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