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a <br />Z <br />a <br />al <br />M <br />�-i <br />7 <br />H <br />INC <br />C121 <br />SUBORDINATION AGREEMENT <br />�L <br />M c' , <br />0 <br />v� <br />rn <br />0 <br />rn <br />rn <br />0 <br />s <br />-'v <br />rn <br />za <br />N <br />0 <br />c-> cn <br />c n <br />M <br />-C o <br />o � <br />r-n <br />n � <br />r � <br />r n <br />cn <br />D <br />NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY <br />INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER <br />PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY <br />INSTRUMENT. <br />THIS AGREEMENT, made this 30th day of March, 2004, by Tim R. Zeleski and <br />Terri L. Zeleski, owner of the land hereinafter described and hereinafter referred to as <br />"Owner," and United Nebraska Bank, present owner and holder of the Mortgage and <br />Note first and hereinafter described and hereinafter referred to as 'Beneficiary;" <br />WITNESSETH: <br />THAT, WHEREAS, Tim R. Zeleski and Terri L. Zeleski, husband and wife, did <br />execute a Deed of Trust dated August 30, 2002, to Commercial Federal Bank, covering: <br />Lot Three (3), Bishop Heights Second Subdivision, Hall County, Nebraska. <br />to secure a Note in the sum of $20,000.00 dated August 30, 2002, in favor of Commercial <br />Federal Bank, which Deed of Trust was recorded September 13, 2002, as Inst. No. 2002- <br />09663 in the Official Register of Deeds Office of Hall County; and <br />WHEREAS, Owner has executed, or is about to execute, a Deed of Trust and <br />Note in the sum of $76,200.00, dated April 1, 2004, in favor of United Nebraska Bank, <br />hereinafter referred to as "Lender," payable with interest and upon the terms and <br />conditions described therein, which Deed of Trust is to be recorded concurrently <br />herewith; and <br />IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS <br />SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR <br />ATTORNEYS WITH RESPECT THERETO. <br />WHEREAS, it is a condition precedent to obtaining said loan that said Deed of <br />Trust last above mentioned shall unconditionally be and remain at all times a lien or <br />charge upon the land hereinbefore described, prior and superior to the lien or charge of <br />the Deed of Trust first above mentioned; and <br />WHEREAS, Lender is willing to make said loan, provided the Deed of Trust <br />securing the same is a lien or charge upon the above - described property prior and <br />superior to the lien or charge of the Deed of Trust first above mentioned and provided <br />that Beneficiary will specifically and unconditionally subordinate the lien or charge of the <br />Deed of Trust first above mentioned to the lien or charge of the deed of Trust in favor of <br />Lender; and <br />WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such <br />loan to Owner; and Beneficiary is willing that the Deed of Trust securing the same shall, <br />when recorded constitute a lien or charge upon said land which is unconditionally prior <br />and superior to the lien or charge of the Deed of Trust first above mentioned. <br />NOW, THEREFORE, in consideration of the mutual benefits accruing to the <br />parties hereto and other valuable consideration, the receipt and sufficiency of which <br />consideration is hereby acknowledged, and in order to induce Lender to make the loan <br />above referred to, it is hereby declared, understood, and agreed as follows: <br />1) That said Deed of Trust securing said Note in favor of Lender, and <br />any renewals of extensions thereof, shall unconditionally be and <br />remaining all times a lien or charge on the property therein <br />described, prior and superior to the lien or charge of the Deed of <br />Trust first above mentioned. <br />2) That Lender would not make its loan above described without this <br />Subordination Agreement. <br />o <br />N <br />o N <br />CD <br />s <br />o <br />w <br />W <br />co r.�. <br />c� <br />7° <br />f1 <br />C1 <br />M <br />c <br />�r) <br />_ <br />n <br />z <br />M <br />D <br />cn <br />CA <br />SUBORDINATION AGREEMENT <br />�L <br />M c' , <br />0 <br />v� <br />rn <br />0 <br />rn <br />rn <br />0 <br />s <br />-'v <br />rn <br />za <br />N <br />0 <br />c-> cn <br />c n <br />M <br />-C o <br />o � <br />r-n <br />n � <br />r � <br />r n <br />cn <br />D <br />NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY <br />INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER <br />PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY <br />INSTRUMENT. <br />THIS AGREEMENT, made this 30th day of March, 2004, by Tim R. Zeleski and <br />Terri L. Zeleski, owner of the land hereinafter described and hereinafter referred to as <br />"Owner," and United Nebraska Bank, present owner and holder of the Mortgage and <br />Note first and hereinafter described and hereinafter referred to as 'Beneficiary;" <br />WITNESSETH: <br />THAT, WHEREAS, Tim R. Zeleski and Terri L. Zeleski, husband and wife, did <br />execute a Deed of Trust dated August 30, 2002, to Commercial Federal Bank, covering: <br />Lot Three (3), Bishop Heights Second Subdivision, Hall County, Nebraska. <br />to secure a Note in the sum of $20,000.00 dated August 30, 2002, in favor of Commercial <br />Federal Bank, which Deed of Trust was recorded September 13, 2002, as Inst. No. 2002- <br />09663 in the Official Register of Deeds Office of Hall County; and <br />WHEREAS, Owner has executed, or is about to execute, a Deed of Trust and <br />Note in the sum of $76,200.00, dated April 1, 2004, in favor of United Nebraska Bank, <br />hereinafter referred to as "Lender," payable with interest and upon the terms and <br />conditions described therein, which Deed of Trust is to be recorded concurrently <br />herewith; and <br />IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS <br />SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR <br />ATTORNEYS WITH RESPECT THERETO. <br />WHEREAS, it is a condition precedent to obtaining said loan that said Deed of <br />Trust last above mentioned shall unconditionally be and remain at all times a lien or <br />charge upon the land hereinbefore described, prior and superior to the lien or charge of <br />the Deed of Trust first above mentioned; and <br />WHEREAS, Lender is willing to make said loan, provided the Deed of Trust <br />securing the same is a lien or charge upon the above - described property prior and <br />superior to the lien or charge of the Deed of Trust first above mentioned and provided <br />that Beneficiary will specifically and unconditionally subordinate the lien or charge of the <br />Deed of Trust first above mentioned to the lien or charge of the deed of Trust in favor of <br />Lender; and <br />WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such <br />loan to Owner; and Beneficiary is willing that the Deed of Trust securing the same shall, <br />when recorded constitute a lien or charge upon said land which is unconditionally prior <br />and superior to the lien or charge of the Deed of Trust first above mentioned. <br />NOW, THEREFORE, in consideration of the mutual benefits accruing to the <br />parties hereto and other valuable consideration, the receipt and sufficiency of which <br />consideration is hereby acknowledged, and in order to induce Lender to make the loan <br />above referred to, it is hereby declared, understood, and agreed as follows: <br />1) That said Deed of Trust securing said Note in favor of Lender, and <br />any renewals of extensions thereof, shall unconditionally be and <br />remaining all times a lien or charge on the property therein <br />described, prior and superior to the lien or charge of the Deed of <br />Trust first above mentioned. <br />2) That Lender would not make its loan above described without this <br />Subordination Agreement. <br />o <br />N <br />o N <br />CD <br />s <br />o <br />w <br />W <br />co r.�. <br />c� <br />